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Adderall – No Prescription – Illegal To Possess, Sell, Use, or Distribute In Colorado – Criminal Defense Lawyer H. Michael Steinberg

Adderall Criminal Charges in Colorado  – Colorado Criminal Drug Crimes Defense Attorney

Colorado College Student Defense Lawyer for Drug Crimes

Adderall – A Dangerous All

The Importance Of Knowing Colorado Illegal Drug (Controlled Substance) Possession and Distribution Laws

Defending Against The Drug Charges in Colorado Colleges – Adderall – Don’t pay attention to your kids in college and you are making a grave error. The pressures to succeed in this very down economy have led to students using any means possible to get ahead in the competition to the top of their class…the not so new “tool” – adderall.

Here’s the rub – adderall as a study aid does help – getting caught possessing, using – selling – or distributing adderall – a Schedule II Controlled Substance – is a felony in Colorado.

What is Adderall? Who Takes It and Why?

Adderall is familiar to Colorado College students as an easy to obtain study drug. Its nicknames include “college crack” or “cognitive steroid.” College Students take Adderall and claim that for studying they can concentrate on their books for hours at a time, and will then do better on the subsequent exam than they would without the drug.

It is known also as a party drug.  Because it contains dextroamphetamine, it creates a feeling of well-being, confidence and enhanced libido, and allegedly enables users to go without sleep for extended periods. FInallu it is also known as a weight-loss drug as appetite suppression is often a side effect of Adderall.

Students without prescriptions will most often use these drugs during exams so they can cram all night and still remain focused on exam day. Most students get Adderall from friends who have legitimate prescriptions for the drug.

Make No Mistake – Adderall is addictive:

The D.E.A. lists prescription stimulants like Adderall and Vyvanse (amphetamines) and Ritalin and Focalin (methylphenidates) as Class 2 controlled substances — the same as cocaine and morphine — because they rank among the most addictive substances that have a medical use. 

In Colorado a felony prosecution can result by simply giving a friend (considered distribution) an Adderall pill, the same consequence as selling it. (See the Colorado law below)

The Consequences of Adderall Abuse

Misusing or abusing Adderall can cause a range of problems including difficulty sleeping, feelings of hostility, anxiety or paranoia, and a hyper-energetic, aroused state (mania). Some users may experience undesirable or unhealthy weight loss. Especially when snorted, Adderall can cause a potentially dangerous increase in heart rate, body temperature and blood pressure. Caregivers screen ADHD patients to avoid prescribing Adderall to those with conditions (such as bipolar disorder, seizure conditions or possible cardiac issues) that could make the drug dangerous for them.

Abusers who take the drug without a prescription don’t have the benefit of such screening. Ironically, although the primary reason for Adderall’s abuse on campus is to enhance academic performance, students in whom the drug causes a manic state may not be able to exercise good judgment about the quality of the papers or exams they produce while influenced by Adderall.

After abusing Adderall, users often experience a “crash” and suffer from exhaustion, nausea, depression or irritation. Some Adderall abusers smoke marijuana as an antidote for these distressing symptoms. After long-term abuse, your body depends on Adderall for normal function and trying to discontinue the drug can result in withdrawal symptoms including panic, suicidal thoughts and nightmares.

Adderall abuse also has potential long-term consequences.

For some people, it increases the likelihood of other addictions (for instance, addictions to methamphetamine) in the future.

Symptoms caused by Adderall abuse (including psychosis such as schizophrenia or paranoia) can persist long after the use of the drug has stopped.

Concern about Adderall abuse and addiction is heightened by the explosion in the number of ADHD diagnoses and the corresponding use of medications to treat them. A University of California/Berkley study co-funded by the National Institute of Mental Health found that spending worldwide on drugs to treat ADHD rose 274 percent between 1993 and 2003, with the United States accounting for 83 percent of the market by the end of that decade.

Colorado Laws Regarding the Possession and Distribution of Adderall – a Schedule II Controlled Substance:

Colorado Criminal Drug Laws – Trafficking vs. Possession:

If a student possesses or distributes a large enough quantity of Adderall in violation of the law, he or she would be guilty of amphetamine trafficking, and would be exposed to long mandatory prison terms.

Simple Possession of A Scheduled II Controlled Substance – Adderall:

Defining A Schedule II Controlled Substance in Colorado

18-18-204. Definition of A Schedule II Controlled Substance

(1) A substance shall be added to schedule II by the general assembly when:

(a) The substance has high potential for abuse;

(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

(c) The abuse of the substance may lead to severe psychological or physical dependence.

(2) Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule II:

Colorado 18-18-403.5. – The Crime of Possession of a Controlled Substance In Colorado

Colorado 18-18-403.5. Unlawful Possession of a Controlled Substance

(1) Except as authorized by part 1 or 3 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., section 18-1-711, or part 2 or 3 of this article, it is unlawful for a person knowingly to possess a controlled substance.

(2) A person who violates subsection (1) of this section by possessing:

(a) (I) Any material, compound, mixture, or preparation weighing four grams or less that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of part 2 of this article except methamphetamine commits a class 6 felony. 

(II) Any material, compound, mixture, or preparation weighing more than four grams that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of part 2 of this article except methamphetamine commits a class 4 felony.

(b) (I) Any material, compound, mixture, or preparation weighing two grams or less that contains any quantity of methamphetamine commits a class 6 felony.

(II) Any material, compound, mixture, or preparation weighing more than two grams that contains any quantity of methamphetamine commits a class 4 felony.

(c) Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article except flunitrazepam or ketamine commits a class 1 misdemeanor.

Unlawful Distribution, Manufacturing, Dispensing, or Sale of A Scheduled II Controlled Substance – Adderall:

Colorado 18-18-405. Unlawful Distribution, Manufacturing, Dispensing, or Sale

(1) (a) Except as authorized by part 1 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., or part 2 or 3 of this article, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.

(b) As used in this subsection (1), “dispense” does not include labeling, as defined in section 12-42.5-102 (18), C.R.S.

(2) (a) Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in section 18-18-406 and for offenses involving minors in section 18-18-407 (1) (g), any person who violates any of the provisions of subsection (1) of this section:

(I) In the case of a controlled substance listed in schedule I or II of part 2 of this article, commits:

(A) A class 3 felony; or

(B) A class 2 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this subparagraph (I) applies or would apply if convicted in this state; 

(II) In the case of a controlled substance listed in schedule III of part 2 of this article, commits:

(A) A class 4 felony; or

(B) A class 3 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) or this subparagraph (II) applies or would apply if convicted in this state;

(III) In the case of a controlled substance listed in schedule IV of part 2 of this article, commits:

(A) A class 5 felony; or

(B) A class 4 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) or (II) of this paragraph (a) or this subparagraph (III) applies or would apply if convicted in this state;

(IV) In the case of a controlled substance listed in schedule V of part 2 of this article, commits:

(A) A class 1 misdemeanor; or

(B) A class 5 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I), (II), or (III) of this paragraph (a) or this subparagraph (IV) applies or would apply if convicted in this state.

Please call our law firm if you have questions about ..

Adderall Criminal Charges in Colorado  – Colorado Criminal Drug Crimes Defense

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 30 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior  prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations.  Please call him at your convenience at 720-220-2277 

If you have questions about Adderall Criminal Charges in Colorado in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.

For a chart on the penalties for felonies – CLICK HERE


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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