Unlawful Possession and Criminal Sale of Prescription Drugs
Contents
Unlawful Possession and Criminal Sale of Prescription Drugs
Introduction
CONGRATULATIONS! You finally found the perfect medication to treat your chronic pain or anxiety. Your doctor wrote you a prescription and you got it filled at the pharmacy, providing much-needed relief. But what happens if you’re caught with those prescription pills outside of their original container? Or if you give some to a friend who‘s also struggling? Suddenly, you could find yourself on the wrong side of the law, facing criminal charges for unlawful possession or sale of prescription drugs.You may have heard horror stories of people arrested for carrying their legally prescribed medication or trying to help a loved one in need. These situations are all too common nowadays. At Spodek Law Group, we understand the stress and fear that comes with being accused of a prescription drug crime.
That’s why our skilled drug crime attorneys are here to help.
The Dangers of Prescription Drug Abuse
Prescription drug abuse has become a major public health crisis in recent years. Opioid painkillers, stimulants like Adderall, and anti-anxiety drugs such as Xanax are some of the most commonly abused prescription medications. While these drugs can be safe and effective when used as directed, they also have a high potential for abuse and addiction.
Consider these alarming statistics:
- Nearly 16 million Americans age 12 and older misused prescription drugs in the past year
- Prescription opioid overdose deaths have quadrupled since 1999
- Every day, 44 people die from overdoses involving prescription opioids
The rampant abuse of prescription drugs has led to increased efforts by law enforcement to crack down on illegal possession and distribution. However, many people are unaware of the serious criminal penalties they could face for prescription drug offenses.
Understanding Prescription Drug Laws
Prescription drugs are regulated under both federal and state laws as controlled substances. This means it is illegal to possess them without a valid prescription or distribute them to others. Each state has its own specific laws regarding prescription drugs, but in general:
- It’s illegal to possess prescription drugs without a prescription in your name
- Sharing or selling your prescription drugs is prohibited, even if the other person has a prescription for the same medication
- Forging or altering a prescription is a criminal offense
- Driving under the influence of prescription drugs is illegal
In New York, prescription drug crimes are prosecuted harshly. Under the New York Penal Code, offenses involving the unlawful possession and sale of prescription drugs may be charged as misdemeanors or felonies, depending on the circumstances.
| Offense | Charge | Penalties |
|---|---|---|
| Criminal possession of a controlled substance | Class A misdemeanor | Up to 1 year in jail |
| Criminal sale of a controlled substance | Class D felony | Up to 7 years in prison |
| Criminal sale of a prescription for a controlled substance | Class C felony | Up to 15 years in prison |
As you can see, the consequences of a prescription drug conviction can be severe, including lengthy prison sentences and a permanent criminal record. That’s why it’s crucial to have an experienced criminal defense attorney on your side if you’re facing these charges.
Defenses Against Prescription Drug Charges
If you’ve been arrested for a prescription drug crime, don‘t panic. There may be defenses available in your case, depending on the specific facts and circumstances. Some common defenses against prescription drug charges include:
- Valid prescription: If you have a lawful prescription for the drugs in your possession, that can serve as a complete defense to the charges. It’s important to provide proof of your prescription and any relevant medical records.
- Lack of knowledge: To be convicted of a prescription drug crime, you must have known that the drugs were controlled substances and that your possession or sale of them was unlawful. If you didn’t know the pills were a controlled substance, that could be a defense.
- Illegal search and seizure: If the police violated your Fourth Amendment rights against unreasonable searches and seizures when finding the prescription drugs, any evidence they seized could be thrown out. A skilled attorney can evaluate whether your rights were violated and if you have grounds to suppress the evidence.
- Entrapment: In some cases, law enforcement may use undercover agents or informants to entice someone into illegally selling their prescription drugs. If you were induced by the police to commit a crime you otherwise wouldn’t have, that could be entrapment.
At Spodek Law Group, our attorneys will thoroughly investigate the circumstances of your arrest and explore every possible defense strategy. We have a track record of successfully getting prescription drug charges reduced or dismissed for our clients.