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Dextromethorphan Classification And Overview Of Penalties

Dextromethorphan (DXM) is used in over-the-counter (OTC) medications and is classified under antitussives. Typical usage of this drug is to alleviate cold symptoms such as coughing. DXM is classified as a Schedule V drug in cold medicines such as Robitussin. Possessing one gram or more of pure dextromethorphan is illegal in the state of Wisconsin and qualifies as a misdemeanor charge. If you are under the age of 18, it is also illegal to purchase any OTC with DXM in it. Penalties for first offenses include a fine of $250 for underaged offenders and a $1,000 fine for pure DXM possessors. Subsequent offenses can double fines.

If you face charges of DXM possession, contact Cleghorn Defense. Call for a consultation.

Beat Schedule V Possession Charges With An Experienced Attorney

Possession of pure DXM might get you into trouble but with an experienced criminal defense attorney, you may be able to get your charges lessened or dropped. Some common defense strategies your lawyer might use in court are:

  • Police misconduct: If you think that the police planted drugs on your property or that they were influential in your ability to commit a crime, talk to your lawyer.
  • Breach of Fourth Amendment rights: You are protected under the fourth amendment from an unlawful search and seizure. If the police have no valid probable cause or a search warrant, evidence could be inadmissible in court.
  • Having a legal prescription: If you’re underage but have a valid prescription from your health care provider to have medication that includes DXM, your lawyer can prove medical necessity.
  • The drugs are not yours: If you can prove that the drugs you were caught with were not your own, your lawyer might be able to get the charges dropped. This might result in an investigation of another person.

Hire Attorney Kerri Cleghorn For The Best Results

Kerri Cleghorn has a degree in criminal justice and graduated from Marquette University Law School in 2003. She has been practicing as a criminal defense lawyer in Wisconsin for the past 18 years. She’s known for taking on the most difficult cases that other lawyers might give up on, which means she will fight for you until the end. Contact Kerri at Cleghorn Defense for a free consultation if you are facing first-time dextromethorphan charges.

Answers To Your DXM Questions

Why is possession of dextromethorphan bad?

People who abuse DXM seek hallucinatory or psychedelic effects. It is easy to find and inexpensive because it’s found in over 140 OTC medications.

Who is more likely to be charged with DXM possessions?

Kids and teens are most likely to illegally use and abuse DXM because of the ability to purchase pure forms of it on the Internet, and they can download instructions to distill DXM out of OTC drugs.

What increases penalties for DXM possession?

If you are in possession of large quantities of a Schedule V drug such as dextromethorphan, you might face a Class I felony charge. This means penalties of up to $10,000 fines and up to 3.5 years in prison.

Dextromethorphan Intent To Distribute Penalties And Charges

If you are caught in possession of pure DXM and intend to distribute, then you may face a Class I felony charge, even for a first offense. Intent to distribute charges are determined on an individual basis. Police officers will consider the following factors when considering your case:

  • Drug quantity
  • Drug street value
  • Presence of manufacturing equipment
  • Presence of drug paraphernalia

In the state of Wisconsin, penalties for a Class I felony include up to 3.5 years in prison and fines up to $10,000. Wisconsin takes drug laws very seriously, which is why intent to distribute charges is an immediate felony offense. Penalties can increase if you possess larger amounts or if you have subsequent offenses. Even if it’s a Schedule V drug, intent to distribute charges could remain on your record for life.

Call Cleghorn Defense for a free case consultation today.