Many drug crimes specifically involve prohibited substances. People acquire drugs that are against the law to possess or consume. If they get caught with those drugs, they are then at risk of criminal prosecution.
Other times, criminal charges might involve controlled prescription medications rather than outright prohibited drugs. Some people assume that they can do anything they want with a medication if they have a valid prescription.
Can the state prosecute people who lawfully possess a drug recommended by their physician?
Prescriptions are subject to restrictions
A prescription is a formal recommendation for a specific medication from a healthcare professional. Typically, a prescription imposes limits on the use of the medication. The physician recommends taking a particular dose of a specific drug at certain intervals.
The patient must adhere to those recommendations, as well as any restrictions, such as not driving while under the influence of the medication. People can face criminal prosecution and scenarios where they have blatantly abused medication by taking it inappropriately, far exceeding the dose recommended or ignoring restrictions on driving.
Prosecution is also possible in cases where people have valid prescriptions but source their medication from unregulated providers. Finally, charges are possible in scenarios where a patient gives their medication to others or sells it to someone else. People accused of prescription drug crimes can face many of the same penalties as those accused of offenses involving illicit substances.
Reviewing the state’s allegations and medical records with a skilled legal team can help those facing prescription drug charges evaluate their options. Patients accused of misconduct with prescription drugs may be able to exonerate themselves if they take their case to trial.