Schedule 5 Narcotics
Schedule 5 narcotics are those with a low potential for abuse relative to the controlled substances listed in schedule 4. They currently have accepted medical use in treatment in the United States and have limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule 4 or the incidence of abuse is such that the substance should be dispensed by a practitioner. Many, if not most, Schedule 5 narcotics are over the counter medications, such as cough syrups containing codeine and cold medicines containing ephedrine.
As with any narcotic, there are two basic different types of charges a person may face: possession and possession with intent to deliver/manufacture. As the names imply, the crucial element between the two is the defendant’s intent while he/she possesses the narcotics.
- Possession of a Schedule 5 substances is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
Possession With The Intent To Deliver/Manuracture
- Delivering of Manufacturing certain Schedule 5 substances is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
The Nessel and Kessel Approach
Drug cases tend to be the most complicated cases because of all the different issues that may come up. That means you need a drug defense attorney who knows the law and how to use it to your advantage. When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success. Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced. Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.
There are almost always 4th Amendment issues when dealing with narcotics charges because the arrest usually stems from a stop on the street or while driving, from the execution of a search warrant, or because of the use of a confidential informent to secure information used to perform a stop or obtain a warrant. Many times your case will hinge on whether or not your 4th Amendment rights have been violated.
Narcotics charges also hinge heavily on police officer testimony. Generally there will be multiple officers who take part in a “raid.” At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these officers and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story. Chris Kessel and Dana Nessel are experienced Michigan defense attorneys who not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.
Regardless of the issue, if you’ve been charged with a drug offense in the State of Michigan, you need a top criminal defense attorney. Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.