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posted on 4/22/18

In January 2018, new rules went into effect for doctors and clinics that prescribe opioid painkillers. This new law is meant to work with the already-stiff penalties for prescription drug abuse in Illinois.

The new legislation is a watered-down version of an earlier bill. Going forward, all opioid prescribers must check the state’s Prescription Monitoring Program before they write these prescriptions. The PMP is designed to cut down on the number of “doctor-shoppers” who go from one provider to another in search of medication. According to Dr. Sarah Pointer at the Comprehensive Behavioral Health Center in East St. Louis, there were over 37,000 doctor shoppers in 2017. Increased PMP usage is linked to fewer opioid prescriptions.

An earlier version of the bill made these provisions applicable to all providers and also included provisions for safety checks.

Both versions included a provision for doctor registration. The deadline passed last July, but not all doctors have signed up because the state was not enforcing the measure.

Prescription Drug Laws in Illinois

Many prescription painkillers are almost as addictive as heroin, or perhaps even more addictive. Like heroin, opioid painkillers are also often lethal if they are abused. So, it is no surprise that Illinois law treats these two substances in much the same way.

Technically, people who give their leftover opioids to friends or coworkers may be trafficking in illegal narcotics. These prosecutions are rather rare in Chicago, but court cases on the other end are quite common. Many times, an officer pulls over an individual for a traffic violation. The officer sees a prescription pill bottle in the car and the person is charged with felony drug possession.

In Illinois, prescription painkillers are usually Schedule II, III, or IV narcotics. These substances have a significant potential for addiction yet also have recognized medical uses. Some examples include:

  • Demerol
  • OxyContin
  • Adderall
  • Ritalin
  • Vicodin
  • Valium
  • Xanax

Depending on the nature and amount of the substance, penalties generally range between three and 15 years in prison along with a $25,000 fine. That is obviously a very stiff penalty for a couple of pills.

Why Choose Us for Opioid Defense in Chicago

Wrongful opioid possession and prescription are the focus of increasing federal and state law enforcement resources. Thomas Glasgow is uniquely situated to handle these cases dealing with opioid prescription and illegal use of Opioids. As a former narcotics special prosecutor for the Cook County State’s Attorney’s office, Thomas Glasgow regularly worked with agents of the DEA, FBI, ATF, and Chicago Narcotics Police agencies to prosecute narcotics offenders. He was also the chief prosecutor at IDPFR, the agency charged with legal actions against doctors and dentists who allegedly violated some aspect of the Medical Practice Act, including overprescribing pain medication. His highly specialized experience in these areas has resulted in him successfully defending health care professionals and private individuals against the nearly unlimited resources of the federal and state government.

Lack of knowledge is one effective defense in these cases. “Ignorance of the law is no excuse,” so even if a person does not know about the law, punishment is still possible. However, many people do not know exactly what the pill is or is not. Many medicines have different generic or trade names.

In the aforementioned automobile search, officers often arrest everyone in the car and charge them with drug possession. But mere proximity is not enough to establish possession in Illinois criminal court. The prosecutor needs to show some other elements, such as knowledge of the location and access to the medication. Furthermore, the prosecutor must establish these elements beyond a reasonable doubt.

Connect With Experienced Lawyers

In the present environment, one wayward pill can mean several years in prison. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Hush Naidoo)