Prescription medication obtained from a pharmacy is a personal possession. It belongs to the patient with the recommendation once they have paid for it directly or with their health insurance coverage.
Although people generally have control over what they do with their property, there are limitations on certain types of assets, including controlled substances. When people have adverse reactions to medications and stop taking them or complete treatment early and do not need all of the medication they received, they may have residual medication. Even if the medication technically belongs to them, the decision to sell the medication or share it with a family member could actually constitute a crime.
Only licensed professionals can dispense drugs
Controlled substances are subject to federal and state regulations. Patients can only legally possess and consume medication with a recommendation from a licensed medical professional. They also have to obtain the medication from a party with a state license.
Any attempt to distribute medication to others could lead to criminal charges. Obviously, those who sell leftover drugs to people who may abuse them for recreational purposes are at risk.
However, many cases of medication sharing involve individuals using the medication for medical reasons, not recreational purposes. Regardless of the intent, the act of transferring medication to others may constitute a crime.
Those accused of unlawful acts with prescription drugs may face the same charges and penalties as those implicated in crimes involving prohibited substances. Partnering with a criminal defense attorney can help people respond effectively to drug charges related to how they’ve managed prescription medications.
