Many seemingly benign behaviors involving controlled substances could lead to criminal charges. People may face prosecution over the abuse of their medication or allegations of their involvement in the unregulated market.
For example, it is typically not legal to sell leftover prescription medication after finishing treatment. People who purchase medication from unregulated sources are also vulnerable to prosecution, even if they have a valid prescription from a health care professional. People who understand that the law prevents them from selling their medication might still be at risk of prosecution if they share medication or give it away to others.
Transferring medication violates the law
Prescription medication is only legal to possess with a valid recommendation from a licensed medical professional. The act of transferring medication to someone without a prescription is a clear-cut violation of controlled substances regulations. Even in cases where both of the parties involved in a transfer have prescriptions for the same drug, it is not lawful to transfer medication intended for one patient to another.
The state does not need to prove that an individual accused of transferring or distributing medications received any form of compensation for the transfer. The act of giving away or sharing medication is a crime in its own right.
Individuals accused of supplying another person with medication could potentially face felony charges. Factors including the type of medication and the prior record of the accused party influence the exact charges that prosecutors might pursue and therefore the penalties that the courts could impose.
Discussing the circumstances that led to drug charges with a skilled legal team can help people respond appropriately. Defendants may need help understanding the state’s case and different strategies for avoiding a conviction when accused of unlawfully transferring medication to others, and that’s okay.