On September 1, 2015, a bill went into effect that outlawed dozens of chemical formulas commonly used for street drugs. In an effort to ensure people with prescription drugs were not caught in the legislation, the bill allowed FDA-approved drugs to be exempt from felony charges. The ramifications of this means those found in possession of illegal drugs such as Adderall may only be charged with a misdemeanor offense, not a felony offense as was previously the case.
However, this loophole in the legislation that shifted drug possession charges from felonies to misdemeanors went unnoticed by judges, prosecutors, and defense attorneys for nearly 2 years. Numerous defendants were charged with felony offenses for possession of Adderall (a prescription stimulant that is abused by people wanting to stay awake for long periods of time). The defendants are now being released as the criminal justice system tries to remedy the situation. This legal consequence may apply to other drug cases too, depending on FDA classification.
In short, this unexpected loophole in the bill means those who were convicted of felony charges for the possession of certain drugs, including Adderall, after September 1, 2015, were wrongfully charged. Defense lawyers are identifying defendants involved in the cases, and are working quickly to have their cases dismissed and the penalties dropped. The prosecution hopes to include a bill in the next legislative section, which begins in January, to make drug possession a felony offense again.
Joseph Gutheinz Represents Clients Who Were Wrongfully Charged
Attorney Joseph Gutheinz, of Gutheinz Law Firm, LLP, is representing several defendants who received letters regarding the legislative loophole. We are committed to upholding the rights of clients, and are working to overturn felony drug convictions for those who were wrongfully charged. Whatever your situation, our Friendswood criminal defense attorneys can stand by your side as you pursue a beneficial outcome.
If you have been charged with a crime, contact us today for a free consultation.