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FROM THE DEFENSE DESK / DRUG CRIMES
6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: DRUG CRIMES
DOCKET NO. 583 · THE DEFENSE DESK

Drug Crimes Lawyers: Prescription Medications.

Learn about New York laws on criminal diversion of prescription medications, including misdemeanor and felony charges, sentencing for each degree, legal defenses, and related crimes. Discover how experienced drug crimes lawyers help defend against prescription drug abuse and fraud charges in New York State.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 6 MAR 2026 · 1 MIN READ
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Understanding Prescription Drug Abuse in New York

New York is one state that punishes all drug use, including prescription medication. While you will not face as hefty charges as narcotics, New York is working to cut down on the prescription fraud that has become a problem for the state. The charges start as basic misdemeanors and range to class C felonies. This means you may be looking at only a year in prison, or could face up to 15 years.

In New York, there is a crime you commit when you abuse prescription medication called the criminal Diversion of Prescription Medications. This crime means you either knowingly receive (outside of a prescription), deliver, transfer, or get money in exchange for prescription medicine. This is true whether you need or do not need the medication. You are only allowed to receive medication from an authorized dealer, and you must have a current prescription to be filled. The law has four degrees of criminal activity.

Fourth Degree

With the fourth degree, you have knowingly committed a crime but it is only a misdemeanor. It is considered a class A misdemeanor, but is punishable by time in jail. You can face up to one year in prison, but a defense attorney can get that reduced based on past behavior.

Third Degree

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