When you pay for something, you become the owner of that item with the right to do as you please with your property. Typically, the law gives you full control over assets that belong to you, but there are some restrictions on your private property rights.
Limitations on what you can do with prescription medication are a perfect example. Although you or your health insurance company paid for the prescription medication that you require, you do not have the right to do whatever you want with that medication. It is only legal to possess and use controlled substances under the guidance and observation of a medical professional.
If you discover that you do not need the entire prescription, you may consider gifting your leftover medication to someone else. Doing so could be a serious criminal mistake.
State law prohibits medication transfers
Only licensed medical professionals like pharmacists can transfer or dispense controlled substances. You do not have the legal right to give your leftover medication to someone else, let alone to sell it to somebody.
Whether the recipient is your neighbor or your child, you could face criminal charges if you get caught transferring the medication or if they get arrested for a crime while in possession of your medication. Beyond the criminal risk, there is also a strong correlation between people receiving medication without having a prescription and later developing significant substance abuse issues.
What could the consequences be if you give away medication?
The charges the state might bring against you and the penalties the courts might sentence you to will vary substantially depending on the schedule of the medication that you transfer and the overall weight of the medication. The more pills you give a family member, the more serious the consequences may be. Schedule II pain reliever narcotics and other medications with a strong association with substance abuse may result in more serious penalties than lower scheduled medications like antibiotics.
Those accused of drug offenses involving prescription drugs may have multiple viable defense strategies available to them. Reaching out to our law firm can help you learn more about state drug laws, which can help you plan a defense strategy for recent drug charges.