Prescription drugs are those drugs that can only be accessed by the use of a formal doctor’s agreement. Such drugs are used for a wide variety of purposes. For example, people take insulin to help them digest food or medication to control high blood pressure. While these are perfectly acceptable uses, prescription drugs can also be used for other purposes such as getting high. All such medications are intended to be tightly controlled. Officials do not want people using them unless medically required by a doctor. New York, like other legal jurisdictions, has been a place where the laws that govern such substances have been subject to many different kinds of changes. Changes in New York drug laws impact many parts of the community such as hospitals and pharmacies. They also impact all those who dealing with such medications including patients and the doctors who prescribe them. If you are facing a legal issue related to this area, it is important to understand the laws and what they mean.
Like many other items, all drugs fall into a system of classification. This ranges from Schedule I to Schedule V. Completely illegal drugs like heroin fall into the Schedule I qualification. Other medications are prescription drugs. They are rated on a scale from the ones that are most likely to cause people to be addicted to the medications that far less likely to lead to an addiction. In general, it is illegal in New York to offer substances that are known to cause addictions without an underlying medical condition that may indicate a need. It is also illegal to buy them. These same laws also apply to those who are selling or buying an actual prescription for the medication. This is particularly true if the person doing so is not a legal professional licensed by the state and allowed to provide such prescriptions. A doctor other medical professional who offers this prescription can fall under what is known as the good faith idea. This means they are acting on what they perceive to be good information that serves the best interests of the patient. Anyone who facing such charges in any way should speak to an attorney as soon as possible. The attorney can help them realize what laws in this community might apply to their case as well as what penalties might in play if the case is not resolved in a satisfactory manner.
When it comes to prescription drug laws in New York, there are several factors that may be taken into account. For example, someone who has been convicted of this offense in the past may be subject to higher penalties than a first time offender. Penalties range from the fourth degree to the first. A fourth degree offense is considered a misdemeanor. In that case, the defendant may be subject to penalties ranging from having their case dismissed if it is a first time offense and the person charged has no prior record to up to a year in jail. The amount and value of the medications will also influence the kind of penalty the person may be facing under law. Someone who is found with a great amount of prescription drugs in an amount over a thousand dollars may be facing a third degree charge rather than a lesser charge.
As the amounts of medication and the value of the medication goes higher, the level of the criminal charge for selling or buying prescription drugs can also go higher. A second degree charge is when someone is selling or buying prescription drugs valued at over three thousand dollars. This can rise to a charge of class C felony if they are accused or found guilty of selling prescription drugs worth fifty thousand dollars or more. There are other kinds of issues that can also rise related to the use of prescription drugs.
Fraud or Deceit
If someone lies to the doctor or the pharmacy or other medical officials in regards to their need to use prescription drugs, this is also an offense that can result in criminal charges. They might indicate they have an illness such as cancer that needs medication when they do not have any such illness. A faked prescription or stealing a blank prescription and using it to obtain controlled substances may be subject to all kinds of legal penalties in the state of New York. The same is true if someone already has an illness and is being treated for that illness by another doctor. Failing to inform the second doctor about an existing prescription can lead to problems with the law and the filing of criminal charges. Having someone on your side in this instance is vitally important for all defendants.