You Could Face Prison Time for Fentanyl Patch Overprescription Drug Offenses!

Among those reading this article, there may be individuals facing the risk of punishment for having been prescribed and used fentanyl patches, a narcotic painkiller with strong analgesic and stimulant effects used for medical purposes.

Fentanyl is a medical drug used as a painkiller, but because its stimulant and analgesic effects are powerful, it is classified as a narcotic drug. Using it beyond the appropriate dosage results in punishment for violating the Act on the Control of Narcotics, etc. Accordingly, simply possessing a fentanyl patch without a prescription can result in criminal punishment, and if one resells it to others for financial gain, this too carries criminal liability.

If you have become implicated in this matter and are under investigation, you must make a proper initial statement so that intent to obtain narcotic effects through this overprescription of fentanyl patches is not proven, in order to defend against a harsh sentence as a drug offender.

With that in mind, today LAWFIRM LEAP, staffed with attorneys with backgrounds at major law firms and the police, will explain the initial statement strategy and practical remedies for defending against detention for those under investigation in such cases. Since initial investigation strategy is a critical factor in determining the outcome, please feel free to contact LAWFIRM LEAP to find a way to resolve your situation within the critical window of time.

01Why Is Overprescription of Fentanyl Patches Criminally Punished?

Fentanyl is a drug primarily used to manage severe pain. It can be prescribed in various forms, including patches, tablets, and injections, and can produce powerful effects within a short time. Because the risk is high when overdosed, it is meant to be carefully managed.

Because this drug has narcotic properties, continuous excessive use can lead to high dependency. This can also give rise to various secondary offenses. In particular, because even a very small amount can pose a fatal risk to life, Korea strictly restricts the prescription and use of fentanyl and classifies it as a psychotropic substance.

Article 4 of the Act on the Control of Narcotics, etc. (Prohibition on Handling of Narcotics by Non-Handlers) 1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, compounding, administering, delivering, selling, brokering the sale of, or providing narcotics or psychotropic substances 2. Cultivating, possessing, owning, delivering, transporting, storing, or using cannabis

In addition, if you bought and sold patches, engaging in trading, you may be sentenced to imprisonment of up to 5 years or a fine of up to KRW 50 million. As such, this offense carries severe penalties, and various additional sentencing factors may apply depending on the circumstances. If you fail to make a proper initial statement regarding this, defending against a harsh sentence may become difficult.

Therefore, if you are under investigation for this matter, it is advisable to obtain assistance from a specialized attorney, as you must properly verify the legal requirements regarding the administration, possession, and use of psychotropic substances and establish a response strategy.

Drug offenders often find it difficult to receive leniency.

Since how one responds—even if the allegations are recognized during the initial investigation—is crucial to the case, I would like to advise against acting hastily and instead recommend consulting legal counsel before the initial investigation.

02How to Reduce Legal Liability for Fentanyl Patch Overprescription

In this type of case, if it is revealed that fentanyl patches were obtained through overprescription and misused for purposes other than proper medical treatment, an actual prison sentence may be handed down even for a first-time offender. Therefore, to defend against detention, you must first properly assess your situation and establish a plan to seek legal leniency before proceeding.

In your statements, you must speak in a coherent manner so that habituality and intent—key factors considered in drug offenses—are not established.

If you knew the drug was illegal yet evaded the law by, for example, using someone else's name to obtain a prescription by proxy, or used it repeatedly on a habitual basis, intent or habituality may be recognized. You must prepare a statement capable of defending against this.

In addition, after comprehensively reviewing the circumstances of the case and the background of the administration, if there is clear evidence, you should not deny the offense and aggravate its severity, but instead adopt a reflective attitude and appeal for leniency.

You should emphasize that the conduct was not habitual, that the drug was in fact prescribed for genuine pain relief purposes, and that you have a strong commitment to preventing reoffending, in order to reduce the severity of the charge or offense.

You should also retain legal counsel in advance and respond systematically so as to obtain a favorable outcome during the initial investigation and drug testing. You must guard against acquiring a criminal record as a drug offender due to a momentary lapse in judgment.

Attorneys with a police background understand the perspective of the police better than anyone.

The attorneys at LAWFIRM LEAP have work experience at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms, as well as backgrounds with the police, and have handled numerous cases in which the initial investigation process—such as drug cases—was critical. As we possess in-depth expertise regarding investigations, we can provide practical countermeasures to logically and effectively present the client's position from the moment the investigation begins.

If, after reading the information provided today, you find that you need to establish a strategy for a police investigation, please feel free to contact LEAP at any time. We will develop a plan to defend against a harsh sentence by applying an initial strategy tailored to your situation and leveraging our expertise in handling drug cases.

LAWFIRM LEAP understands, better than anyone, the situation you are in and the urgency you feel, and we will mobilize all of our knowledge and expertise to help ensure you do not receive an excessive punishment.

Thank you for reading this lengthy article.