Qyestion about weighing of prescription pills

[Dundee]

What is the name of your state (only U.S. law)? NC

I had a question regarding the weighing of prescription pills. Is it typical for police in NC to weigh prescription pills and then use the weight in specifying charges? The reason I ask is because someone I know was allegedly in possession of prescription pills. Apparently they weighed the 6 pills and the person was charged with felonious trafficking of 2.4grams of an opiate or heroin-like substance. There were allegedly 6 pills that amounted to 240 Mgs of active ingredient but the police used the weight of the entire pills, when by definition there would only be 0.24grams of an opiate or heroin-like substance and the rest is filler like sugar or binding agents.

Would someone mind taking the time to explain this charge and does this seem like a standard procedure? Why would the police not just charge this person with possession of these 6 pills instead of weighing them and coming up with a trafficking charge? The whole thing sounds kind of fishy to me and I would really appreciate any relevant information you could come up with.

 

[OHRoadwarrior]

The law does not require police send evidence to be chemically separated, to its base elements, prior to filing charges. The pills speak for themselves and are weighed as sold/possessed. Nice try though.

 

[Dundee]

Why do they actually weigh the prescription pills? What would the weight of a prescription pill possibly effect or indicate? The amount of the drug is known and is clearly defined so weighing it seems unusual. Is the point of weighing these pills to try and drum up more serious charges? Could anyone explain the trafficking of an opiate or heroin-like substance charge? Why would you guess this person was charged with trafficking and not something like felony possession of a schedule II or whatever a more standard prescription pill charge would be. It just seems weird to me to take a prescription pill charge and turn it into trafficking of an opiate or heroin-like substance.

 

[FlyingRon]

Trump up is kind of a derogatory word. The NC statutes on drugs do vary with quantity. Prescription meds that have legitimate dosages are treated in "dosage" units in the statue. Other things like cocaine or pills that do not have a clinical dosage are indeed done by weight. Yes you get screwed if you have cut your illegal drugs with some sort of non-active filler. 200 grams in the statute is 200 grams of what you were selling, regardless of whether you cut it 50%.

The common example of this is MDMA (ecstasy). The statute allows them to either count pills or by weight.

 

[Dundee]

I think you misunderstand. They were prescription pills that were not altered in anyway. They were allegedly not prescribed to the person in possession of them but they weren't street drugs in the sense that they were made in an illegal lab, they were just like they would be if they came from a pharmacy. Are all prescription pills dealt with in dosages or would there be times when they would be weighed? It isn't like ecstasy where the amount of the drugs are unknown so it is necessary to weigh them, the amount of the drug is clearly defined if you were to look it up in a PDR, that is why I used the term "trump up" when it was stated the person was in possession of 2.4grams of an "opiate or heroin like substance" instead of 6 tablets, or 6 dosages, however pills would normally be described. That is why I am confused as to why it was weighed and the charges were not based on the quantity as I assumed prescription pills would normally be.

The quantity was 6 tablets; what qualifies as trafficking under the statute? Is it based on the quantity of the pills or it common for the state to weigh the prescription pills (that were were not altered)? Also I am confused about the opiate or heroin-like substance part. They would be considered an opiate but so would vicodin or percocet and have not heard of those being considered 'heroin-like' or opium in charges.

 

[CJane]

But they ARE 'street drugs' if they're not prescribed for the person who is in possession of them. It doesn't matter if they were made in a legit factory and dispensed by a pharmacy. At the point your 'friend' decided to abscond with a controlled substance for which s/he had no legitimate need or documentation for, s/he was risking possession or traficking charges.

 

[Dundee]

But they ARE 'street drugs' if they're not prescribed for the person who is in possession of them. It doesn't matter if they were made in a legit factory and dispensed by a pharmacy. At the point your 'friend' decided to abscond with a controlled substance for which s/he had no legitimate need or documentation for, s/he was risking possession or traficking charges.

I appreciate your reply but it's off topic. I clearly said they weren't street drugs in the sense they were made in an illegal lab which was a response to the comment made about the "cutting" of pills. I didn't intend to imply that they weren't illegal to possess, only that they are in their original state. A trafficking charge for 6 tablets based on weight seems absurd and I was requesting information regarding this issue. I never implied that it was legal for them to be in the possession of anyone except for who they were prescribed for. Does anyone have any relevant information on this topic? thanks

 

[FlyingRon]

Since we're talking about percocet here, the weight is just most likely for completeness. You're going to get charged/sentenced based on the number of doses not the weight.

 

[Dundee]

The drug in question was methadone. The person was allegedly in possession of 6, 40mg waffers and was subsequently charged with the trafficking charge. It read something like trafficking in an opiate or heroin-like substance, over 4 or 5 grams under 28grams. This amounted to about a little less than two doses for the person based on the amount legally prescribed to them in the past. Am I correctly getting the impression that a trafficking charge for 6 tablets seems extreme?

 

[ERAUPIKE]

It may seem absurd to you, but to me it seems like an appropriate charge. I hate drugs and drug addicts, so my bias is the opposite of yours.

 

[Dundee]

Being in the possession of 6 tablets seems worthy of drug trafficking and mandatory prison sentences to you? Ouch, I hope you don't have any loved one who have issues with addiction.

 

[CdwJava]

Understand that handing the substance off to another person - whether for sale or to share - can be charged as trafficking. Apparently the state believes you had handed them off or intended to hand them off to someone. If they cannot meet the burden of proof at trial, you should prevail.

On the other hand, perhaps they are charging high in the hopes of a plea deal to possession and drug treatment. Your lawyer can probably enlighten you.

 

[Dundee]

Understand that handing the substance off to another person - whether for sale or to share - can be charged as trafficking. Apparently the state believes you had handed them off or intended to hand them off to someone. If they cannot meet the burden of proof at trial, you should prevail.

On the other hand, perhaps they are charging high in the hopes of a plea deal to possession and drug treatment. Your lawyer can probably enlighten you.

That is what I meant by trumped up charges, charging high in the hopes of a plea deal, to avoid the risk of mandatory prison sentence. Does trafficking have to involve the transfer, or 'handing off' of the drugs or can it be based just on the amount? The person involved was alone and there wasn't any evidence to indicate sale to anyone else and by his accounts were for personal use. Can trafficking be applied when there is only one person involved and the quantity is small enough (equivalent of two personal doses)? Would the past legal prescription of the drug in question make any difference, or if the person is currently prescribed the drug would that matter?

I found this link which seemed relevant although the amount of pills in this case were much high, 90 something, instead of 6. Does anyone know if a defense like this has been used to win at trial? Also if you were to show at trial that the pills were for personal use and of such a small quantity (1 or 2 doses) that it didn't constitute trafficking could they instead get a felony possession conviction?

http://www.nc-dwi-defense.com/links/memorandum-on-vd-trafficking-charge.php

 

[ERAUPIKE]

Being in the possession of 6 tablets seems worthy of drug trafficking and mandatory prison sentences to you? Ouch, I hope you don't have any loved one who have issues with addiction.

I'm glad I don't, my loved ones have decided to make good decisions and not use illicit substances.

The trafficking charge has nothing to do with the amount or weight of the substance. If your friend said, those aren't mine, I was just bringing them to someone else, that is trafficking. Don't expect me to feel sorry for someone that has decided to ingest a substance that will destroy their life and health.

You seem to be seeking a particular response. Message me whatever response to your question you are looking for, ask your question again, and I will cut and paste it into the reply box for you.

 

[CdwJava]

That is what I meant by trumped up charges, charging high in the hopes of a plea deal, to avoid the risk of mandatory prison sentence.

If the offense meets the legal definition of the offense charged, then it's hardly "trumped up."

Does trafficking have to involve the transfer, or 'handing off' of the drugs or can it be based just on the amount?

It can be both. It can also be charged when there are indicia of sales or transfer such as pay-owe sheets, packaging materials, scales, some previous buy-busts or undercover sales alleged, etc. There are a number of ways that trafficking can be shown.

What specific statute are you or your friend charged under? Reading the statute would tell us what the state must show at trial.