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Possession of Adderall

Amphetamine use in the United States has more than doubled over the past ten years, according to a study by the Husson University School of Pharmacy. Amphetamines, such as Adderall, help users stay focused. The substance is similar to cocaine, except it can be legally purchased with a prescription.

Being found with a single pill of Adderall without a prescription can result in charges for possession of a controlled substance. Depending on how much of the drug you are caught with, you could face between one to 10 years behind bars.

Criminal Defense Attorney in Garden City

Retaining legal counsel should be the first thing on your list if you have been charged for possession of Adderall. A criminal defense attorney can evaluate the facts of your case and see if any illegal search issues took place. 

Protect your future and contact Law Office of Stephanie Selloni today. Stephanie Selloni is a tenacious criminal lawyer who knows what it takes to achieve favorable results. You can call (516) 972-1212 to schedule a free consultation. Law Office of Stephanie Selloni defends clients accused of drug crimes in Nassau County, Suffolk County and Westchester County.

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Is Adderall a Scheduled Drug in NY?

Nearly 16 million adults in the United States used a prescription stimulant like Adderall in 2017. When used correctly, Adderall is used to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy. Adderall and other stimulants have become popular among college students because the drug improves focus and provides a boost of energy for more productive study sessions.

Adderall is considered an amphetamine and amphetamines are classified as a schedule II substance in New York. The state believes the drug has a high potential for abuse, which can lead to severe psychological or physical dependency. Though you can legally possess Adderall with a valid prescription, possessing the drug without a prescription will result in criminal charges.

Adderall is not the only stimulant classified as a schedule II substance in New York. Other scheduled stimulants include Vyvanse, Ritalin and Dexedrine.

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New York’s Controlled Substance Laws

Knowingly possessing a controlled substance like Adderall is a crime in the Empire State. There are three ways you can be in illegal possession, including active possession, constructive possession and joint possession.

Active possession involves having physical control of the Adderall such as having the drug in your backpack. Prosecutors will have no trouble proving you were in active possession of the substance since it was on your person. Constructive possession, however, will be harder for prosecutors to demonstrate.

Constructed possession is used to expand active possession in situations where the Adderall is not in your physical control. Instead of the drug being in your active control, the substance is located in a place you have dominion and control over. This can involve having the Adderall in a desk drawer in your dorm room or locked in a locker you know the combination to. 

Now, if the drug is found in a location you share with another person, you and the other party may be guilty of drug possession through joint possession. As the name implies, joint possession involves more than one person being in possession of a drug. Say you share an apartment with two friends and police find Adderall in the living room. Because the living room is a common living space, the three of you could be arrested for possession of a controlled substance. 

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Penalties for Possession of Adderall in NY

A survey conducted by the University of North Carolina showed that 38.6 percent of surveyed students used Adderall or other stimulants. Of those students, over 60 percent admitted to using the drug without a prescription. Being convicted of a drug crime as a college student will have a devastating impact on your education. Not only could you lose access to federal student aid, but you may also be kicked out of your university.

A conviction for a drug possession crime will impact your life, regardless if you’re a college student. You may be fired from your job, kicked out of your apartment and lose your professional license.

Charges for illegal possession of Adderall will vary depending on how much was found in your possession. Listed below are the possible charges and penalties for possession of Adderall in New York: 

  • Criminal possession of a controlled substance in the seventh degree: Knowingly possessing less than a gram of Adderall is a class A misdemeanor punishable by the following:
    • Up to a year in jail
    • A fine of up to $1,000
    • Probation for two to three years
  • Criminal possession of a controlled substance in the fourth degree: Possessing one gram or more of a stimulant like Adderall is a class C felony punishable by the following:
    • Incarceration for one to five years
    • A fine of up to $15,000
    • Probation for three to five years 
  • Criminal possession of a controlled substance in the third degree: Possessing five grams or more of Adderall is a class B felony punishable by the following:
    • Incarceration for one to nine years
    • A fine of up to $30,000
    • Probation for three to five years
  • Criminal possession of a controlled substance in the second degree: Possessing ten grams or more of Adderall or another stimulant is a class A-II felony punishable by the following:
    • Incarceration for three to ten years
    • A fine of up to $50,000
    • Up to life of probation

You may be eligible for various other sentencing alternatives such as drug treatment court or felony diversion court. The eligibility for each program varies, but your charges may be dropped once you complete the program. Speak with a defense lawyer to see if a diversion program is right for your situation.

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Additional Resources

Controlled Substance Offenses | New York Statutes  – View a comprehensive list of controlled substance crimes by following the link. You can learn more about the offenses mentioned on this page, as well as other drug crimes such as the sale of a controlled substance.

Schedules of Controlled Substance | New York Statutes – Learn more about controlled substances in New York by following the link. You can find out where controlled drugs fall on the schedule and learn about exceptions to the schedule. The information can be found on the New York Senate website.

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Criminal Defense Lawyer in Garden City

Do not settle for a court-appointed lawyer to fight your possession charges. Instead, opt for a criminal defense lawyer with proven results. Stephanie Selloni has been practicing law in New York for years. She will put up a vigorous fight and always work in your best interest.

Call (516) 972-1212 to speak with Law Office of Stephanie Selloni more about your case. Some of the areas we serve include Garden City, Huntington and Thornwood.

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