Dextromethorphan Classification And Overview Of Penalties
Dextromethorphan (DXM) is used in over-the-counter (OTC) medications and is classified under antitussives. Typical usage of this drug is to alleviate cold symptoms such as coughing. DXM is classified as a Schedule V drug in cold medicines such as Robitussin. Possessing one gram or more of pure dextromethorphan is illegal in the state of Wisconsin and qualifies as a misdemeanor charge. If you are under the age of 18, it is also illegal to purchase any OTC with DXM in it. Penalties for first offenses include a fine of $250 for underage offenders and a $1,000 fine for pure DXM possessors. Subsequent offenses can double fines.
If you face charges of DXM possession, contact Cleghorn Jones Trial Attorneys. Call us for a consultation.
Beat Schedule V Possession Charges With An Experienced Attorney
Possession of pure DXM might get you into trouble, but with an experienced criminal defense attorney, you may be able to lessen or drop your charges. Some common defense strategies your lawyer might use in court are:
- Police misconduct: If you think that the police planted drugs on your property or that they were influential in your ability to commit a crime, talk to your lawyer.
- Breach of Fourth Amendment rights: You are protected under the Fourth Amendment from an unlawful search and seizure. If the police have no valid probable cause or a search warrant, evidence could be inadmissible in court.
- Having a legal prescription: If you’re underage but have a valid prescription from your health care provider to have medication that includes DXM, your lawyer can prove medical necessity.
- The drugs are not yours: If you can prove that the drugs you were caught with were not your own, your lawyer might be able to get the charges dropped. This might result in an investigation of another person.
Hire Us For The Best Results
Our attorney, Kerri Cleghorn, has a degree in criminal justice and graduated from Marquette University Law School in 2003. She has been practicing as a criminal defense lawyer in Wisconsin for over 20 years. She’s known for taking on the most difficult cases that other lawyers might give up on, which means she will fight for you until the end. Contact Kerri at Cleghorn Jones Trial Attorneys for a free consultation if you are facing first-time dextromethorphan charges.
Answers To Your DXM Questions
Why is possession of dextromethorphan bad?
People who abuse DXM seek hallucinatory or psychedelic effects. It is easy to find and inexpensive because it’s found in over 140 OTC medications.
Who is more likely to be charged with DXM possession?
Kids and teens are most likely to illegally use and abuse DXM because of the ability to purchase pure forms of it on the internet, and they can download instructions to distill DXM out of OTC drugs.
What increases penalties for DXM possession?
If you are in possession of large quantities of a Schedule V drug such as dextromethorphan, you might face a Class I felony charge. This means penalties of up to $10,000 in fines and up to 3.5 years in prison.
Dextromethorphan Intent To Distribute Penalties And Charges
If you are caught in possession of pure DXM and intend to distribute, you may face a Class I felony charge, even for a first offense. Intent to distribute charges are determined on an individual basis. Police officers will consider the following factors when considering your case:
- Drug quantity
- Drug street value
- Presence of manufacturing equipment
- Presence of drug paraphernalia
In the state of Wisconsin, penalties for a Class I felony include up to 3.5 years in prison and fines up to $10,000. Wisconsin takes drug laws very seriously, which is why intent to distribute charges are an immediate felony offense. Penalties can increase if you possess larger amounts or if you have subsequent offenses. Even if it’s a Schedule V drug, intent to distribute charges could remain on your record for life.
Call Cleghorn Jones Trial Attorneys at 414-567-9241 or contact us online for a free case consultation today.