When people hear drug crimes, they often assume that it refers to something illicit like heroin or methamphetamine. But did you know that prescription medications can land you in serious legal trouble, too? Some individuals unknowingly share prescriptions, something harmless like medicated cream or a patch and do not know that it is, in fact, illegal to do so. Charges can go from unlawful possession to trafficking fast, depending on the facts.
But how do you know if you have committed what can potentially be a crime?
When prescription drug conduct becomes trafficking
Trafficking charges go beyond mere possession. Even giving leftover drugs to someone who has the same prescription but cannot afford their own can be considered trafficking. Prosecutors must prove the following before charging someone:
- Distribution or sale: Transferring prescription medication to someone else, regardless if there is money involved or not.
- Possession with intent to distribute: Buying pills in quantities that could suggest resale.
- Fraudulent acquisition: Doctor shopping to obtain medications or forging prescriptions.
- Sharing or giving away: Letting a friend or loved one use your prescription even if they have a prescription for the same exact medication.
- Storing drugs for others: Holding medication for someone else can raise suspicion.
In Ohio, the Revised Code §2925.03 covers trafficking that involves controlled substances under a wide range of circumstances.
Penalties
Trafficking is a felony. But beyond criminal punishment, a conviction can create more problems that can follow you for the rest of your life. Issues with your employment, immigration and even professional licensing can affect your future in many ways.
What to do if you face charges
The most crucial step is to find a defense attorney as soon as possible. A good lawyer can help you explore your options like negotiation or diversion programs. Remember to avoid discussing your situation with the police without legal counsel and start gathering your evidence right away. Remember, you are innocent until proven guilty.
