Drug Offenses

Drug Offenses


Drug Crimes are serious offenses and can serve serious punishments. These offenses vary on one’s participation with the illegal drug or amount of drug one possesses. Because of the seriousness of the crime, it is imperative that a retained attorney that is skilled in drug crimes. They will have the skill to mitigate the offense. Nikki Himebaugh is skilled in the area of drug crimes and can assist you.


Unlawful Possession of a Substance

This occurs when an individual is in possession of a drug, or another controlled substance, without a prescription or other justification to be able to legally be in possession of the substance. When an individual has charges of unlawful possession of a substance, they have to knowingly be in possession of the substance. These charges can apply with any controlled subject, but often are street drugs like meth, marijuana, Xanax, or cocaine. Nikki Himebaugh of Johnson City has the drug crime defense experience necessary to defend you against your drug charges. She is very skilled in fighting unlawful possession of substance charges and has over 40 years of criminal law experience.

There are five classifications or “schedules” of drugs. Drug Schedules are broken into how addictive the substance is, and the potential for abuse.


Schedule 1 Drugs:

Schedule one drugs are the most “addictive” drugs with no known medical use. Some examples of drugs in this schedule can be marijuana, heroin, LSD, ecstasy, and psychedelic mushrooms. (Section 333.7212)


Schedule 2 Drugs:

These drugs are still seen as very addictive substances by the federal government (which Michigan drug law mirrors the federal government’s standards), but have minimal medicinal value. Drugs that are included in Schedule 2 are cocaine, meth, oxycodone, Adderall, Ritalin, and Vicodin. (Sec. 333.7214)


Schedule 3 Drugs:

The Drugs included in Schedule 3 are lower or moderately addicting, and less dangerous than drugs in schedule 1 and 2. Drugs that are schedule 3 include Marijuana (cannabis)*, Tylenol with codeine, ketamine, anabolic steroids, and testosterone.(Sec. 333.7216)


Schedule 4 Drugs:

Schedule 4 drugs show and capability for very clear medical use. They are less “addictive” than the drugs in schedule 3. The substances included are Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, and Ambien. (Sec. 333.7218)


Schedule 5 Drugs:

This classification is the final drug schedule and the least addictive and has the least amount of abuse of these substances. It often includes substances like cough syrup. Also included are cough prescriptions with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.


Unlawful Delivery of a Controlled Substance

This is when an individual is charged with delivering controlled substances. Unless an individual is specifically licensed to distribute controlled substances, in any of the five drug schedules, unlawful distribution/delivery of a controlled substance is punishable by a felony in Tennessee. If an individual is charged with Unlawful Delivery of a Controlled substance, they may be looking at sentences that range from a probationary period, up to a lifetime in prison depending on the severity of the crime. Nikki Himebaugh of Johnson City, has consulted hundreds of clients on drug-related charges, and while a drug charge can make you feel hopeless, it is not a life sentence, and Nikki Himebaugh will help and guide you through this daunting process. If you’re facing a drug crimes charge, contact a Howell criminal lawyer you can trust: call Nikki Hiomebaugh today.


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