Legal Question in Criminal Law in Michigan

Drug Charges

The other day while at school I got a very severe headache and the tylenol that I had was not working so I went and got Vicodin from a kid and took it. It helped a lot so I got two more and the school caught me. The Liazon officer said that he was going to charge me with the felony ''possession of narcotics on school grounds'' I am only 16 and have to go to juvenile court in a few weeks I was just wondering what kind of punishment am I looking at for having the vicodin?


Asked on 12/22/07, 6:22 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Drug Charges

Vicodin is a drug that requires a doctor (licensed to prescribe drugs) to prescribe that drug to YOU. Its generic name is hydrocodone. It's one thing if you self-medicate with over-the-counter meds, because they have been deemed "safe enough" for un-informed laypersons to take when they feel the need. Vicodin is not one of those "safe" drugs, in part because it is VERY ADDICTIVE. So, the fact that a doctor prescribed Vicodin to your friend for your friend's pain, and you also had pain, does not give your friend ANY authority to give his Rx meds to you, or for you to take them! You have NO idea whether that drug is safe for YOU! It is stupid and reckless to do what you did. It is quite possible that you over-dosed on the Vicodin (took too many pills in too short a time). Pretty stupid of you.

It is also illegal -- for both your friend to deliver that drug to you and for you to possess or use it. A "school liaison office" does not "charge" ... a prosecutor does. Most of the "drug-free school zone" charges focus on adults (18 or older) who have drugs at school, not minors who do. Regardless, there are many possible charges that could be brought. This isn't a complete list, but some to chew on:

* against your friend: Delivery of a Schedule II Narcotic [MCL 333.7401(2)(b)(ii); a Felony; up to 7 years &/or $10,000 fine, plus driver's license sanctions ... Delivery Without Reumeration [MCL 333.7410(7); a Misdemeanor, up to 1 yr &/or $1,000]

* against you: Use of a Schedule II Narcotic [MCL 333.7404(2)(b); a Misdemeanor, up to 1 yr &/or $1,000, plus driver's licsne sanctions]

You would be charged as a delinquent youth. You would not be facing the jail or $$$ fines listed above (for adults). But a juvenile court could put you on probation, could put you in counseling or other needed services (including for drug abuse), could remove you from your home and put you in detention or a foster home, and could even put you in a residential treatment facility ... whichever of these YOU needed to be "rehabilitated". Juvie court focuses on rehabilitation, not punishment. But many times the "rehab" FEELS like punishment to kids.

Is all this worth your efforts to self-medicate? Why not tell your parents about your medical condition??! Maybe they can do what your friend did: go to a doctor to get your OWN prescription. If they do, DO NOT LET ANYONE ELSE TAKE *YOUR* MEDICATIONS!!! You are not a doctor. What would happen if the 'friend' to whom you gave your prescribed pill had a bad reaction to it??!!!

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Answered on 12/23/07, 8:57 am


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