Ilegal Possession of Buprenorphine

Nearly one million people in the United States are addicted to opioids, which are narcotic pain relievers.  In October 2002, the Food and Drug Administration (FDA) approved two buprenorphine products (Suboxone® and Subutex®) for the treatment of narcotic addiction.  Suboxone contains not just buprenorphine, but also naloxone, an opioid antagonist.  Subutex is used in the initial stages of therapy, while Suboxone is used in the maintenance stage.

When used for opioid dependence, buprenorphine remains effective for up to 48 hours and decreases the tendency of withdrawal symptoms.  It is mainly used to treat addiction to heroin, but it can also be used to treat addiction to Oxycontin and Percocet.  Like Methadone, it can reduce cravings for heroin and other opiates and produces a lesser degree of sedation and respiratory depression.

The side effects are similar to those of other opioids and may include:

• Nausea and/or vomiting
• Muscle aches and cramps
• Diarrhea and/or constipation
• Insomnia
• Distress and/or irritability
• Craving
• Pupil constriction
• Dry mouth and sweating

More serious side effects can include severe respiratory depression, confusion, coma and cardiac arrest.

Potential for Abuse and Misuse

Although Suboxone and Subutex were developed as a safer alternative to addiction than Methadone, both drugs have their own potential for misuse, abuse and dependence.  Safeguards were built into Suboxone during development stages, aiming to prevent misuse.  However, the pills can be crushed and snorted to achieve a high or sold on the black market for profit.  It is available as a take-home dose, whereby Methadone treatment can only be administered in a licensed clinic.

Consequences of Illegal Possession

All drugs are put into one of five categories according to how dangerous they are.  Buprenorphine is a prescription drug and it controlled by the Drug Enforcement Administration (DEA).  It is categorized as a Class C, schedule 3 drug and is illegal to possess without a prescription.  The police can charge you with drug possession if they find drugs in your pockets or anywhere else on your body.  They may even be able to charge you under a claim of “constructive possession” which means that the drugs were in a place you could easily reach, such as your car or apartment.  A conviction for illegal possession carries a maximum sentence of two years imprisonment and an unlimited fine. 

Evidence Required for Conviction

The prosecution must prove that the accused knowingly and intentionally possessed the illegal drug.  This means that it must be proven that the accused knew the character of the substance, and had knowledge of the existence of the drug in the location where it was found.  If the drug is found on the person of the accused, the prosecution’s case will be much easier to prove.  However, if the drugs are found in the defendant’s car or home, it will be much more difficult for them to obtain a conviction.

In cases involving illegal possession of drugs, an attorney can help by investigating how the police obtained the evidence.  If they seized evidence without a search warrant, a defense attorney may file a motion to dismiss the case.  Even if a valid search warrant was executed, there may be deficiencies in the affidavit they filed in order to obtain it.  You should seek advice from an experienced criminal defense attorney if you are arrested for illegal drug possession.