With the opioid epidemic sweeping the nation at an alarming rate, law enforcement has been cracking down on the illegal sale of painkillers and other medications. This crackdown even extends to sharing prescription drugs between friends or family members.
Even if there’s no cash transaction involved, taking someone else’s prescription drugs or giving prescribed medication to someone who is not on the prescription is illegal and can result in a large fine, jail time, or both. Let’s look at the theory behind the law.
Why Is It Illegal to Share Prescription Drugs?
When someone is given a prescription for medication, their doctor is granting them access to a certain powerful and/or addicting drug based on a medical condition. The doctor must provide instructions for how and when to use the drug, as well as the specific dosage which is calculated for the unique patient who should take the drug.
Physicians are careful to prescribe only as much as should be needed to treat the condition presented by the patient. Inappropriate use of prescription medications can be harmful or even fatal. To address these potentially serious events, Nebraska enacted a law to prohibit the distribution to, or use of, a medication by a person that was not the intended user in the prescription.
As a result, when someone gives prescribed painkillers to a friend, not only are they putting someone else’s life in danger, they’re breaking the law.
Are All Prescription Medications Controlled Substances?
The short answer is, no. Many drugs that treat infections or help control chronic conditions like high blood pressure or cholesterol, are considered non-controlled substances. However, according to Nebraska law, many painkillers are designated as Schedule II or III Controlled Substances.
Think of it this way, a prescription for a controlled substance is basically a permission slip allowing the named person to possess and use illegal drugs. And only the person named on the script may possess and consume that prescribed medication. Even if two people have the same exact prescription for the same exact drug, theoretically they could be prosecuted for sharing pills if they swap prescription meds with each other.
What are the Penalties for Sharing Prescription Drugs?
In Nebraska, distribution of a controlled substance is classified as a Class II or Class IIA Felony, depending on what kind of drugs are shared. A Class II Felony conviction can result in a sentence of one to 50 years in prison.
Even if money does not change hands and the two parties involved are family members, those convicted can receive maximum penalties. While this may seem harsh at first glance, the penalties for distribution of these prescribed drugs are especially severe because overdose or death could occur as a result. Even if one family member supplies another member with drugs that are not meant for them, extremely serious repercussions are possible.
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Aggravating Factors That Can Increase Penalties for Sharing Prescription Drugs
Forging a prescription or forming a conspiracy to sell prescription painkillers are aggravating factors that could result in harsher penalties and even more jail time upon conviction. While many instances of prescription painkiller sharing don’t involve money or drug conspiracies, there are a number of factors that can increase sentencings.
The court will consider the circumstances surrounding the distribution charge when handing down penalties and jail time. Some factors the court can consider include:
- How many painkillers or other controlled substances were shared — one or two pills versus hundreds?
- Who the drugs were shared with — were minors or violent crime offenders involved? and
- what happened to the recipient of the drugs — did the user suffer an overdose or die?
Sadly, sometimes prescription drug sharing is only discovered after an overdose or death occurs. In these instances, family members should talk to an experienced drug crime lawyer before being questioned by law enforcement.
Sometimes a distribution of controlled substances charge involving prescription painkillers is filed against someone who is completely innocent. Unfortunately there are many ways someone’s prescription drugs can end up in a friend or family member’s possession without their knowledge or consent.
It is Illegal to Take Someone Else’s Drugs
When friends and acquaintances know someone has a prescription for a narcotic painkiller, one or more of them might attempt to steal the pills. This is especially common if prescription holders have friends with histories of drug abuse and addiction. The defendant who is accused of distributing prescription drugs when someone else actually stole the medication might have a difficult time showing they were not involved.
However, it is up to the government to prove beyond a reasonable doubt that the accused person knowingly distributed prescription drugs. If your prescription drugs were taken from you and used illegally without your knowledge or consent, a skilled criminal defense attorney can investigate the events surrounding the theft and present evidence to establish a motive for the person who stole the drugs. If successful, your charges would be dropped.
A Criminal Drug Crime Defense Lawyer Can Help When You are Charged with Sharing Prescription Drugs
Early and aggressive representation is the key to defending criminal charges. The criminal defense attorneys at Berry Law have been protecting the individual rights of our clients since 1965. Our attorneys have more than 100 years of combined experience.
If you have been accused of sharing prescription controlled substances, contact Berry Law’s team of criminal lawyers today.