new york penal law 178 10 criminal diversion of prescription med
In New York, the illegal diversion of prescription medications is criminalized under NY Penal Law 178.10. This statute makes it illegal to transfer prescription drugs or devices for profit without authorization. Let’s take a closer look at the law, penalties, and possible defenses.
What is Criminal Diversion of Prescription Meds in the Fourth Degree?
According to NY Penal Law Article 178, a person is guilty of criminal diversion of prescription medications and prescriptions in the fourth degree when they[1]:
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(212) 300-5196- Knowingly transfer a prescription medication or device to someone else
- Do so for money or profit
- Know the recipient has no medical need for the medication or device
This includes illegally selling or sharing prescription drugs like opioids, sedatives, stimulants, or other controlled substances for financial gain[2].
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Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
Penalties for Criminal Diversion of Prescription Medications
Criminal diversion of prescription medications in the fourth degree is a Class A misdemeanor in NY[3]. Potential penalties include:
- Up to 1 year in jail
- Up to $1,000 in fines
- Probation up to 3 years
- Permanent criminal record
