Can I Be Charged If I Sell My Own Prescription Drugs?

Selling your own prescription drugs is illegal, even if you have a valid prescription. There are serious legal risks and consequences if you are caught selling your medication without authorization. However, there are some limited exceptions and defenses that may apply in certain circumstances. This article will explain the laws around selling prescription drugs, the potential charges, and possible defenses.

It's Generally Illegal to Sell Your Prescription Drugs

Under federal and state laws, it is illegal to sell or distribute prescription drugs without a license or valid medical purpose. The main laws that prohibit this are the Federal Food, Drug, and Cosmetic Act and state pharmacy laws. These make it a crime to deliver prescription drugs if you are not authorized to do so. This applies even if you have a valid prescription yourself. For example, if you sell your oxycodone to a friend, you are illegally distributing a controlled substance. Or if you sell your Adderall to a student looking to enhance their studying, that is drug dealing under the law. Simply having a prescription does not give you the right to resell or share your medication.

Charges and Penalties for Selling Prescription Drugs

The specific charges and penalties depend on what type of drug you sold and the amount. But possible charges can include:

• Drug distribution or drug dealing charges
• Drug trafficking charges
• Prescription drug fraud
• Possession with intent to distribute

These charges often carry felony-level penalties. Even selling a small amount can potentially lead to years in prison. The punishment tends to increase with the quantity sold and the type of drug. For example, selling opioids like oxycodone often brings harsher sentences because of the overdose risks. Under federal law, selling just a few oxycodone pills could result in up to 20 years in prison. Large amounts or highly dangerous drugs like fentanyl could potentially carry life sentences. There are also likely to be significant fines and asset forfeiture. State laws also impose various penalties depending on the drug schedule. Selling drugs like cocaine, heroin, LSD and methamphetamine will have very serious penalties. Even lower schedule prescription drugs often lead to multi-year prison terms under state laws.

Limited Exceptions and Defenses

While the laws are very strict, there are some limited exceptions and defenses that may apply:

Giving Drugs to Family Members

You are generally allowed to share prescription drugs with immediate family members. For example, you can legally give your spouse or child your extra prescription medication if they also have a valid prescription. However, it is still illegal to sell drugs to family for money.

Returning Unused Medication

It is legal in most states to return unused prescription medications back to the pharmacy that dispensed them. The pharmacy can then properly dispose of the drugs. But you cannot sell or give the medication to anyone else besides the pharmacy.

Giving Drugs in a Medical Emergency

There may be a limited defense if you gave someone prescription drugs to prevent imminent harm or death in a medical emergency. For example, using an EpiPen on someone suffering an allergic reaction. But this likely only applies in true emergencies.

Lack of Knowledge

You may argue you did not know it was illegal to sell your prescription drugs. But this defense rarely succeeds, since "ignorance of the law" is not an excuse. You are assumed to know it is illegal.

Duress or Coercion

If you can prove you were forced to sell drugs against your will under immediate threat, this may provide a defense. But the coercion would need to be immediate and severe for this to potentially apply.

Mental Incapacity

If you can demonstrate you lacked mental capacity to understand the illegality due to mental illness, this may provide a defense. But the mental incapacity must be proven. Overall, the exceptions are narrow. Prosecutors typically pursue charges even if the amounts are small. The law takes a very strict view of unauthorized selling of prescription medication.

Safely Disposing of Unused Medication

Instead of selling extra medication, it is important to properly dispose of any unused prescriptions. Safe options include:

• Returning them to the pharmacy that dispensed them
• Finding a pharmaceutical take-back program in your community
• Mixing drugs with unpalatable substances like cat litter in a sealed container before throwing away
• Disposing of pills in the garbage after removing personal information from bottles

This avoids the risks of selling while keeping excess medication out of the wrong hands. If in doubt, contact your local pharmacy or police department to ask about proper disposal. Above all, do not flush medications down the toilet or drain unless specifically instructed to do so.

The Legal Risks Outweigh Any Potential Profit

The reality is selling prescription drugs is extremely risky. The potential criminal penalties are severe, even for small amounts. The limited defenses are hard to meet. And you may cause harm to buyers misusing medications. It's simply not worth the legal and ethical risks just to make a bit of money off your prescriptions. Follow the laws and dispose of medications properly instead.

Consult an Attorney if Facing Charges

If you are being investigated or charged with selling prescription drugs, consult a criminal defense attorney immediately. Do not try to talk your way out of it with the police. A knowledgeable lawyer can advise you on the laws in your state, the evidence against you, and building any possible defenses. With severe penalties on the line, getting experienced legal counsel is critical. Selling prescription drugs illegally has serious repercussions. While the laws aim to stop misuse and harm, there are options to properly dispose of unneeded medications. If facing charges, an attorney can protect your rights and help minimize penalties. The risks of selling prescription drugs almost always outweigh limited benefits.

References

Federal Food, Drug, and Cosmetic Act DEA Prescription for Disaster 2020 FindLaw Prescription Drug Charges 21 U.S. Code § 841 - Prohibited acts A State Drug Distribution Penalties DEA FAQ DEA Drug Disposal Information Medical Necessity Defense Ignorance of the Law Duress and Coercion Defenses Insanity Defense FDA Safe Disposal