Many drug charges are the result of people using, manufacturing or distributing illegal substances. Both state and federal statutes identify numerous drugs as unlawful to possess, manufacture or distribute. However, a drug does not need to be outright illegal to trigger criminal penalties. Many regulations control the use and distribution of prescription medications.
People who have previously received prescribed drugs for a variety of medical challenges may not have completed a prescription regimen. Some people stop taking medications because of side effects, while others may recover more quickly than their physicians anticipate.
People who have medication left over after completing a course of treatment may be at risk of making seemingly innocuous choices that could lead to serious drug charges. What common mistake makes people with leftover prescription drugs vulnerable to prosecution?
People cannot sell or give away medication
Patients with valid prescriptions who paid for their medication often assume they can do whatever they want with the medication they did not use. However, controlled substances laws only allow people to possess and use drugs in accordance with a doctor’s recommendation.
Any deviation from those instructions can leave people at risk of prosecution. Especially in cases where people choose to transfer unused medication to others, they could potentially face very serious allegations of distributing drugs.
For example, a professional with chronic migraines might agree to sell their leftover medication to a co-worker who also experiences migraines. Occasionally, people knowingly give or sell their medication to people who may use the drug for recreational purposes. Such conduct is especially common with medications that control pain, sedate people, treat attention deficit hyperactivity disorder or address erectile dysfunction.
Even in cases where the sharing is non-recreational and involves a patient with a diagnosis gifting their leftover medication to someone they know with the same condition, they are still at risk of criminal prosecution. People may get caught in the act when transferring medication.
They could also be vulnerable if the other party gets caught while possessing their medication. Particularly in scenarios where the recipient has an adverse medical reaction or commits a crime after taking the medication, the party that provided the medication may be at risk of serious charges.
Discussing the situation that led to pending drug charges can help defendants plan an appropriate response. The right criminal defense strategy might result in a plea bargain or the state dismissing the charges. Prescription drug defendants who have proper assistance can minimize the risk of major consequences.
