You might think that sharing your prescription medication, such as Vicodin, Oxycontin, or Percocet, with a friend who has a similar health issue is a kind gesture. However, this act is illegal even if no payment is involved. If the authorities find out that you have shared your prescription drugs, you could face charges for distributing drugs illegally. The law clearly states that only the person named on the prescription can use that medication. This blog explains this law and the possible consequences of sharing your prescription drugs with friends.

Sharing Prescription Drugs and Why It Is Illegal

You can only obtain some medications with a doctor’s recommendation. These medications are prescription drugs. A doctor or healthcare provider must provide you with a prescription or send one to the pharmacy to obtain these medications. Prescription drugs are only for the patient the doctor prescribes them. Doctors or healthcare providers prescribe drugs based on patients' health conditions.

A doctor considers various factors about you before your prescription, including:

  • Weight
  • Current health problems
  • Medical history
  • Family background
  • Allergies

It is illegal to share, sell, or distribute prescription drugs outside of the doctor-pharmacist system. You can take your medication, but if you give it to someone else, it becomes illegal. The authorities consider sharing your prescription drugs with a friend as distributing drugs without proper authorization.

Sharing your prescription medications with someone who does not have a prescription can also be dangerous. It could expose them to a drug that might be addictive and fatal if taken in the wrong dosage. It might also result in legal issues for the recipient.

Why Do People Share Prescription Drugs?

Many people share prescriptions because:

  • They do not want to visit a doctor
  • They want to save money on medication
  • They have run out of their medication
  • They feel they cannot see a doctor
  • They need urgent care
  • For recreational purposes

Prescription Drugs Under California Drug laws

The law classifies certain prescription medications as “controlled substances” in the U.S. This classification means the government limits the storage and distribution of these drugs. You can only have them if a doctor has prescribed them to you.

California classifies controlled substances into five schedules. Schedule I includes the most addictive and dangerous type of drugs, whereas Schedule V comprises the least harmful and addictive. Here are examples of controlled drugs with different schedules.

  • Schedule I—These include drugs that are not used for medical purposes and have a high potential for abuse and addiction. Examples include Heroin and Ecstasy
  • Schedule II—These drugs are medically acceptable but carry a high risk of abuse and addiction. You need a prescription to acquire them. They are also mainly used to treat chronic pain. For example, Fentanyl, Codeine and Morphine
  • Schedule III—The drugs have a moderate risk of abuse or addiction and are less harmful than those in Schedules I and II. They require a prescription and are not typically available over the counter. These drugs include Ketamine and Anabolic steroids
  • Schedule IV—These drugs are safe for medical use and have a low chance of misuse. Examples include Xanax and Valium
  • Schedule V—These drugs have a low potential for abuse, even lower than Schedule IV drugs. An example is Ezogabine.

California Drug Distribution Charges

In California, the consequences of sharing prescription medications depend on factors like your intent and the amount of drugs involved.

Under California Health and Safety Code Section 11012, “distribute” means to deliver a substance without dispensing or administering it. “Dispensing” means giving the substance to the final user, while “administering” refers to applying the drug to the body through methods like inhalation, injection, or ingestion.

The authorities can charge you with drug distribution charges if you share your prescription medications with someone else, even if you have no intent to sell. According to HSC 11351, it is against the law to possess controlled substances if you plan to sell or distribute them. Therefore, the prosecutor must show that your actions are different from simply having the drugs when they seek distribution charges. They can use evidence of sales or distribution to support their claims.

The prosecution should show that the actions are more than just possessing drugs for personal use. They often consider certain factors that indicate drug distribution, such as:

  • The amount of drugs involved.
  • Holding a large sum of cash.
  • The type of drug.
  • Having measuring tools and scales.
  • The presence of drug paraphernalia.
  • Other evidence showing intent to sell the drugs.

In California, there are special rules for marijuana (cannabis) possession. Adults over 21 can legally carry or transport up to 28.5 grams of marijuana or 8 grams of marijuana concentrate. Having more than these amounts can lead to criminal charges.

Penalties for Drug Distribution in California

In California, the courts treat distributing controlled substances as a felony. The courts take these offenses more seriously than simple possession because they can harm the community. Being convicted of drug distribution can lead to prison time and hefty fines, while simple possession is usually a misdemeanor.

Here are the penalties for illegal drug distribution:

  • 3 to 5 years in prison for selling, transporting, or importing controlled substances
  • 3 to 9 years for transporting drugs between California counties that are not connected
  • 16 months to 6 years for Selling or transporting chemicals for making PCP and methamphetamine or the drugs themselves
  • Courts often add fines to prison sentences, which can range from $20,000 to $500,000

Enhanced Penalties for Drug Distribution

California law includes stricter penalties for drug distribution crimes. These harsher punishments can result from certain aggravating factors, such as:

  • Crimes involving minors - If you gave prescription medications to a minor, you could face longer sentences of three, six, or nine years in prison
  • Proximity to specific locations - You may receive an extra one to two years behind bars if the act took place within 1,000 feet of a:
  • School
  • Playground
  • Public pool
  • Daycare
  • Church
  • Youth center
  • Synagogue
  • Other places used by minors
  • Prior criminal history - Those with previous convictions may face increased penalties.
  • Large amounts of controlled substances - Having a large quantity of drugs can also lead to harsher sentences.
  • The amount of drugs shared — whether it was one or two pills or hundreds.
  • Did the drug user experience an overdose or die?

Defending Yourself Against Drug Distribution Charges

In California, there are various defenses for drug distribution charges, including the following:

  • You were using the drugs for personal use, which could lead to a misdemeanor instead of a felony.
  • There was no intention to sell or transport any controlled substance.
  • Entrapment, meaning law enforcement, led you to commit a crime you would not have otherwise done.
  • The search that found the drugs was illegal and violated your Fourth Amendment rights.
  • You were unaware that you had a controlled substance in your possession.

Penalties for Illegal Possession of a Prescription Drug in California

If the authorities arrest your friend with prescription drugs that you had given them, they could face illegal possession charges.

In California, people refer to having any controlled substance without permission as “illegal possession.” This crime is a misdemeanor, and it can result in up to one year in jail and hefty fines that can reach one thousand dollars.

With the assistance of a knowledgeable criminal defense lawyer, you can avoid prison time. Some minor drug possession lawsuits in California can qualify for “pretrial diversion” programs, allowing the individual to complete an educational or rehabilitation program instead of serving jail time.

In more serious cases, the court charges illegal possession of a prescription drug as a felony. This charge applies if an individual has a previous conviction for sex crimes or a serious felony such as DUI, vehicular manslaughter, or murder. A felony conviction can result in a sentence ranging from 16 months, 2 years, or 3 years in jail.

Defenses Against Illegal Possession of Prescription Drugs Charges

In an illegal possession case, the prosecution will aim to show that you:

  • Had the prescription drugs with you
  • Were aware of having them
  • Had more than a small amount
  • You had no prescription from a doctor

In such lawsuits, a defense lawyer can use various arguments to dispute the prosecution’s claims. However, the prosecution must prove every part of the lawsuit beyond any shadow of a doubt.

Unlawful Search and Seizure

Another popular legal defense in any drug possession lawsuit is to question the legitimacy of the seizure and search operation that uncovered the medications. If the officers conduct an unlawful search, they usually cannot use the drugs they find as evidence. This evidence is necessary for the prosecution’s case to continue.

Lack of Possession or Knowledge

To convict someone of drug possession, the prosecutor should show that the person had constructive or actual possession of drugs and was aware of what they were. If a prosecutor fails to prove that the defendant had the drugs or knew about them, the jury might acquit the defendant. For instance, the defendant could argue that they believed the white pills were only aspirin or that they did not know how the drugs ended up in their bag.

Good Samaritan

In California, there is immunity from drug possession charges for anyone who calls for emergency help during an overdose for themselves or someone else. To qualify for this protection, the individual must not obstruct the work of emergency responders.

Frequently Asked Questions

Below are commonly asked questions about sharing prescription drugs with a friend:

What Happens If Someone Takes My Prescription Drugs Without My Knowledge?

If people know someone has a prescription for a painkiller, they might try to steal those pills. It is more likely if the prescription holder has friends with a history of drug abuse. The accused person may struggle to prove they were not involved if someone else took the medication.

The prosecution must prove, beyond a reasonable doubt, that the accused intentionally distributed the drugs. If someone took and used your prescription drugs illegally without your consent, you should consult a skilled criminal defense attorney. They can investigate the theft and gather evidence about why the person stole the drugs. If they succeed, the court could dismiss your charges.

What Happens If the Person I Gave Medication is Involved in an Accident or Dies?

Even if you meant well when helping a friend or family member, this may not protect you legally. If you give someone a prescription drug and they have an accident or overdose, you could face serious consequences. There have been cases where relatives or friends of someone who died face charges of murder because they shared drugs.

Drugs can change how a person thinks and acts, making it risky for them to drive. If a specialist does a toxicology report on someone who died, they can detect any drugs in their system. This finding can lead to investigations by medical examiners and law enforcement to find out where the drugs came from, potentially implicating you.

Can Drug Distribution Charges Lead to Drug Court in California?

In California, drug courts help drug offenders handle their cases outside the regular criminal justice system. However, these courts are only for those charged with simple possession or personal use of drugs who might benefit from treatment.

If someone completes drug court, the court dismisses their criminal charges. However, charges related to selling, transporting, or distributing drugs make a person ineligible for drug court. A person charged with drug distribution might qualify for drug court if a skilled lawyer can convince the prosecution to change the charges to simple possession.

Is It Possible to Expunge a Record After a Drug Conviction?

The expungement option is not available if you have served time in state prison or broke the terms of your probation. If the court overturns the case on appeal or for another reason, you can request a declaration of factual innocence or ask to seal your arrest record, restricting others from viewing it.

Are All Prescription Drugs Considered Controlled Substances?

No, they are not. Many medications treat infections or manage long-term conditions like high blood pressure or cholesterol. These are not considered controlled substances. However, California classifies many painkillers as Schedule II or III Controlled Substances.

A prescription for a controlled substance is a document that lets the person named on it have and use certain drugs that are usually illegal. Only the person listed on the prescription can have and take that medication. If two people have the same prescription for the same drug, they could still face legal trouble for sharing their pills.

How Can a Drug Crimes Attorney Help in My Case?

Drug offenses are among the most frequent criminal charges, especially for first-time offenders. Even minor drug-related cases, like sharing your prescription, can cost you money, a lot of time, and lost job opportunities. You could lose your driver’s license, incur hefty court fines and fees, and lose your job. A drug crime defense attorney can assist in lessening the severe effects of a drug arrest, including imprisonment, long probation periods, and a criminal record.

The following are some benefits of engaging a professional attorney:

  • Deal With the Prosecution Team

A prosecutor or district attorney represents the government and seeks to convict you of the charges. They might try to make you believe that you should plead guilty for a lighter sentence. If you have a lawyer, they can take care of all the communication with the prosecutor, so you do not have to worry about it.

  • Investigate Your Case

If you do not have a lawyer, the court will only review the evidence from the police investigation and arrest report. However, the officer’s account might not tell the full story. A lawyer can review your case and examine the evidence collected by the police. These may include:

  1. Video footage
  2. Arrest reports
  3. Any possible violations of your rights, like illegal searches or seizures.

Your attorney can speak with witnesses to uncover more facts that may not be in the police report. With this added information and evidence, your lawyer can determine the strengths of your case and the weaknesses of the prosecution. In some situations, your lawyer might be able to convince the court to dismiss the charges.

  • Negotiate a Plea Deal

A plea bargain is an arrangement where you accept guilt for certain charges in exchange for a predetermined penalty. In most criminal cases, attorneys settle cases through plea deals to save resources and ensure a reliable outcome. Your attorney can negotiate with the prosecutor to help you secure the best possible result.

You can use plea negotiations to lower a felony charge to a misdemeanor or to plead guilty and avoid prison time. In certain situations, your attorney might arrange a drug diversion program, which lets you skip a criminal conviction if you complete a treatment program for drugs or mental health.

  • Represent You Through the Proceedings

If your defense is solid, you might consider going to trial for your drug case. Criminal trials can be complex. Your lawyer can help by filing motions before the trial to keep out harmful evidence, choosing the right jury, and building a strong defense in court. If your case is strong, the jury could decide you are not guilty.

Contact a Los Angeles Drug Crimes Defense Attorney Near Me

If you are facing charges for illegal drug possession or distribution, you should contact a criminal defense attorney as soon as possible. We at The LA Criminal Defense Law Firm have years of experience in defending people facing charges for violating California and federal drug laws through the Los Angeles area. We understand the state and federal court systems well and can help you handle your drug case for the best possible results. Call us at 310-935-1675 to book an appointment with our criminal attorneys.