A prescription from a physician makes the possession of a controlled substance legal. However, there are still clear limitations on a patient’s conduct even when they possess a valid prescription.
Frequently, people with prescriptions fail to understand those restrictions and make mistakes that put them at risk of criminal prosecution. The three common mistakes below could theoretically justify the arrest and prosecution of an individual who has a lawful prescription for a controlled substance.
1. Using a different container
If people carry their medication with them while traveling or need their medicine while at work, they might use smaller, more discreet containers than the original prescription vial provided by a pharmacist. Moving a drug into a different package can raise questions about whether the patient has a valid prescription and could result in police officers arresting a patient.
2. Sharing their medication
A prescription might contain more medication than an individual actually requires to manage their symptoms or treat their medical condition. Sharing the medication with another person could be enough to lead to serious criminal charges.
3. Using an unlicensed provider
There is a thriving secondary market for prescription medications. People without medical training or state licenses may acquire medication from questionable sources and are not subject to any professional oversight. Patients caught possessing medication dispensed by an unlicensed provider could be at risk of prosecution, as they should only source their medication from a pharmacy or similar licensed establishment.
Patients with valid prescriptions can still face serious drug charges. Reviewing what led to an arrest with a criminal defense attorney can help drug defendants minimize the risk of a life-altering conviction because of a mistake or misunderstanding involving a prescription medication.