Codeine - The Law

The Law

Codeine is a controlled substance. The FDA and the DEA strictly oversee its legal production. Therefore, possession of codeine without a prescription is illegal. Laws for possession and distribution of codeine vary from state to state and may even vary depending on the strength of the dose. For instance, in Massachusetts, possession of pure codeine is a "Class A" offense, carrying a penalty of up to two years in prison and $2,000 in fines. But Massachusetts also has a "Class C" distinction, with lesser penalties, for some prescription opiates containing lower dosages of the drug. In 2002, possession of small quantities of codeine in Texas was considered a misdemeanor with a minimal fine.

Federal penalties for possession of a controlled substance include up to a year in jail for the first conviction, and between $1,000 and $100,000 in fines. A second conviction carries the penalty of fifteen days to two years in prison with up to $250,000 in fines. A third conviction requires ninety days to five years in prison with a maximum $250,000 fine.

There are other ways to break the law in search of codeine. It is illegal to "doctor shop." This is a process whereby a user seeks multiple prescriptions by visiting more than one doctor and "fakes" a set of symptoms that might lead those doctors to prescribe the drug the user wants. It is illegal to bring over-the-counter purchases of codeine into the United States from other countries that sell it. It is also illegal to extract the codeine from analgesic compounds like Tylenol 3. Again, jail time and fines vary from state to state.

Fact or Fiction: Codeine's Reputation

Some people think that prescription opiates are always addictive, and those who use them for any amount of time will become drug addicts. This is not true. Studies show that when prescription painkillers are used as directed, and discontinued when no longer needed, they carry no danger of addiction.

Over time, certain drugs begin to lose their effectiveness, and users need to take more and more of the drug to achieve the original results. Some critics think that codeine users with chronic pain will develop a tolerance to opiates, but this theory has not been proven. Increased doses of codeine only seem to be necessary if the degree of pain experienced by patients worsens as a serious disease progresses.

Prescription painkillers containing codeine have a reputation for bringing on troublesome side effects. Some of the side effects are rumored to be so horrible that patients refuse to take the drug. This is not necessarily the case. In fact, carefully supervised use of prescription painkillers results in a few, easily tolerated side effects.

Drug Tests

Because the liver turns codeine into morphine, the use of prescription products containing codeine can produce a positive urine test for codeine and morphine. Positive tests for the drug can be obtained as many as three to four days after the last use. Curiously enough, as much as a teaspoon of poppy seeds used in baking and on

Various drug kits are available to determine if people are using drugs illegally. Tests are available for codeine, amphetamines, cocaine, heroin, marijuana, methadone, morphine, and opium alkaloids, among others. TEK Image/Photo Researchers, In
Various drug kits are available to determine if people are using drugs illegally. Tests are available for codeine, amphetamines, cocaine, heroin, marijuana, methadone, morphine, and opium alkaloids, among others. TEK Image/Photo Researchers, Inc.

bagels can also produce a positive drug test for opiates. According to Gahlinger, there is "no direct way to be sure whether a urine test positive for morphine or codeine is due to poppy seeds or to drugs. Eating a single poppy seed bagel can result in a positive drug test for up to three days."