Prescription medication isn’t cheap. Even people with decent health insurance often have co-pays or deductibles that force them to pay for their medication. They may have to choose between a generic drug and paying out of pocket for brand-name medication.
If a patient does not use all of the medication that they acquire at the pharmacy, they may want to recover some of what they spent or put the medication that they have on hand to use. Obviously, the act of selling leftover medication to others could lead to criminal prosecution. People without appropriate licenses cannot sell medication to others.
Sharing or giving away medication could seem like a reasonable alternative. Those who are aware that their co-workers, neighbors or family members may require the same medication that they use might consider giving away any leftover medication they have. Unfortunately, doing so could put the generous person trying to help others at risk of criminal prosecution.
Any transfer could constitute distribution
A financial exchange is not necessary for the state to accuse an individual of drug distribution or trafficking. Instead, there simply needs to be evidence affirming the allegation that one person without appropriate licensing transferred medication to another individual.
Even if the recipient has a valid prescription, it is still illegal to give away extra medication to that person. Despite being aware of an individual’s medical challenges and asserting that the transfer is for medicinal, not recreational, purposes, the party supplying the medication is at risk of prosecution.
Getting caught in the act isn’t the only way for legal complications to arise. There’s also the potential risk of the recipient causing a car crash or committing a crime while they are under the influence. They might then disclose to law enforcement professionals where they obtained the medication. Similarly, if the recipient has an adverse reaction or overdoses, law enforcement professionals are likely to investigate the source of the medication that caused their issues.
Realizing that well-intentioned behavior could lead to drug charges can help people avoid life-altering mistakes. Those accused of a drug offense related to sharing prescription medication may need help responding in a manner that limits the lasting consequences of the charges at issue, and that’s okay.