Many criminal charges related to drugs involve prohibited substances. There are many chemicals that people cannot legally possess, consume, manufacture or distribute in California. There are also many limitations imposed on prescription medications.
In some cases, people with valid prescriptions may have more medication than they actually require. They might also stop taking medication due to side effects or a lack of improvement in their symptoms. They could have medication left over that they paid to acquire.
Most people understand that if they sell their medication to another person who intends to use it for recreational purposes, they are at risk of prosecution. Can the state also bring charges in cases where people share medication with someone who also has a prescription for the same drug?
Any sharing could lead to charges
People do not need to make money on the transfer of prescribed drugs to be at risk of criminal charges. There are no legal loopholes for those who share their medication with other people who have the same conditions or a prescription for the same medication. While sharing medication is common, it is not a legal practice.
Only a physician or other licensed medical professional, such as a pharmacy technician, can actually dispense medication to an individual. Anyone accused of sharing or selling prescription medications with others could be at risk of significant criminal charges. The schedule of the drug, the prior record of the person accused and the amount of medication they share can all influence the charges that they might face.
Those accused of criminal activity involving prescribed drugs may need help responding. Just explaining the situation isn’t enough to prevent criminal prosecution or avoid a conviction. Learning more about the law by partnering with a criminal defense attorney can help people begin preparing to fight drug charges.