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Diphenoxylate Classification And Overview Of Penalties

Diphenoxylate is a narcotic opioid most commonly used as a pain reliever in Lomotil antidiarrheal medications. Drugs that contain diphenoxylate in conjunction with atropine salts are Schedule V controlled substances under Wisconsin’s drug laws because they can be used to manufacture methamphetamine. Possession of over-the-counter drugs containing diphenoxylate can result in a misdemeanor charge. Pure diphenoxylate is a Schedule II controlled substance. Penalties for first offense possession of a Schedule V controlled substance include up to six months in jail and a maximum fine of $1,000.

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

How To Beat Diphenoxylate Charges in Wisconsin

A skillful criminal defense attorney such as Kerri Cleghorn may use the following methods to help you beat your drug possession case.

  • Unlawful search and seizure: Evidence that was obtained illegally cannot be used in a court of law. Law enforcement officers must have a valid reason for searching your home or vehicle. If a controlled substance was found without consent to search, it cannot be used as evidence.
  • Lack of evidence: The prosecution must prove that the controlled substance found actually belonged to you. If there is insufficient evidence, your case may be dropped.
  • The substance is not actually illegal: Laboratory testing will be required to determine if a substance is in fact an illegal drug.
  • Medical exemption: Since diphenoxylate is used in the over-the-counter medicine Lomotil, it is legal to possess it. Talk to your attorney to prove that you have a legal reason to have the medication, even if you’re in possession of larger amounts.

Hire The Best Criminal Defense Attorney To Win Your Case

Kerri Cleghorn has been defending the rights of the accused in southeast Wisconsin since 2003. Many of her defendants have received not guilty verdicts after being accused of drug possession and intent to distribute. An experienced criminal defense attorney who understands Wisconsin’s controlled substance laws is essential to winning your case. If you have been charged with possession of diphenoxylate, call attorney Kerri Cleghorn to formulate your defense and win your case.

Answering Your Diphenoxylate Questions

Does a schedule V drug charge remain on your record?

Drug-related charges will remain on your public record for life, even if you escape the legal penalties.

Is diphenoxylate a narcotic?

Pure diphenoxylate is a schedule II narcotic in Wisconsin because of its high risk of dependency. By adding atropine, diphenoxylate is less likely to be abused and the combination of the two substances is classified as a Schedule V controlled substance.

Can diphenoxylate be abused?

Diphenoxylate has a low possibility for abuse but can still become habit-forming when the dosage exceeds 75 mg per day.

Intent To Distribute Diphenoxylate Charges

Possessing diphenoxylate in large quantities, either by itself or as a legal medication such as Lomotil can result in a felony charge. There is no minimum amount of diphenoxylate required to be charged with intent to distribute. Each case is determined individually by the discretion of the police officer. If you are charged with intent to distribute a Schedule V controlled substance, you could face up to 3.5 years in prison and $10,000 in fines.

Call criminal defense attorney Kerri Cleghorn today to schedule a free consultation.