Illegal Sale of Prescription Drugs: The Consequences

Federal law strictly prohibits the sale or distribution of prescription drugs to individuals without a valid license to do so. According to (21 U.S.C. § 841(a)), those who engage in the illegal sale of prescription drugs, including doctors, pharmacists, and licensed individuals, can face severe legal consequences if found guilty.

The Rise of Recreational Use

The abuse of pain medication such as Vicodin and Percocet has led to a significant increase in the illegal sale of prescription drugs. With a growing demand for these drugs outside of valid medical purposes, fake pain management clinics have emerged, run by licensed individuals who write and fill invalid prescriptions.

Defining Illegal Sale

Illegal sale of prescription drugs can take various forms, from a person with a valid prescription selling their medication to another individual, to a healthcare provider writing a prescription that isn’t medically necessary. Pharmacists who knowingly fill invalid prescriptions can also face charges.

Proving the Crime

The prosecution must prove that the accused, whether a seller or healthcare provider, acted with intent in the illegal sale of prescription drugs. However, there are several defenses that can be argued, such as a lack of intent to sell or the presence of medically valid reasons for writing a prescription. Our team of experienced lawyers will use expert testimony to support your case and protect your rights.

Penalties for Illegal Sale

The penalties for the illegal sale of prescription drugs are severe, with convictions carrying the risk of a prison term and a permanent criminal record. Health care providers convicted of such a crime face not only legal consequences, but also the loss of their license and livelihood. In comparison, possession of prescription drugs carries lighter penalties, such as a fine or misdemeanor charge.

It is crucial to understand the gravity of the situation and seek professional legal assistance if accused of the illegal sale of prescription drugs. Our team is dedicated to providing you with the best defense and protecting your rights.

Illegally Selling Prescription Drugs: A Serious Matter

Being accused of illegally selling prescription drugs is a grave situation that can swiftly escalate into a federal case. It’s crucial to seek legal counsel from a knowledgeable criminal defense attorney who can protect your rights and freedom. Our experienced attorneys are dedicated to building a robust defense in your favor, with the aim of convincing the prosecutor or jury that you had no intention to sell the drugs and only possessed them for personal use. This can lead to lesser punishments or even complete exoneration. Furthermore, our criminal defense lawyers can help prevent the loss of licenses of healthcare providers. Contact us today for a risk-free consultation.

Consequences of Unauthorized Prescription Drug Use

Prescription drugs are meant for the intended patient and in the prescribed quantity. Misusing, distributing, or possessing more than the allowed amount of prescription drugs can result in severe consequences such as fines, imprisonment, or a criminal record. Every state has its way of addressing illegal prescription drug use, and if you find yourself in such a situation, it’s crucial to seek the assistance of an NYC criminal attorney.

DEA’s Focus on Stopping Prescription Drug Fraud

In recent years, the DEA has intensified its efforts to combat the illegal sale and distribution of prescription drugs such as oxycodone, percocet, hydrocodone, and others. As a result, many healthcare professionals and users have come under scrutiny. An accusation of fraud or intent to distribute can harm your reputation and even result in federal charges such as wire fraud, mail fraud, healthcare fraud, or securities fraud. It’s essential to have a skilled NYC criminal attorney on your side during these trying times.

Investigations into Healthcare Providers

The Federal Government investigates instances of federal drug fraud or illegal distribution by examining records such as prescriptions filed, patient records, pharmacy records, and other data related to the doctor, pharmacy, and patients. During the investigation, they may interview your employees and patients and even visit your place of business. In some cases, you may even receive a grand jury subpoena for records or testimony pertaining to your business. This is when it’s vital to have an experienced NYC criminal lawyer by your side to guide you through the investigation process.

Prescription Drug Fraud Punishments

Prescription drug fraud cases are prosecuted as health care fraud cases and illegal drug distribution cases. Healthcare fraud cases carry a maximum penalty of 10 years in prison, while illegal drug distribution laws carry a penalty as severe as life imprisonment and a fine of $1,000,000. Illegal drug distribution is used by prosecutors to impose severe penalties on healthcare professionals who distribute prescription drugs that are not medically necessary. As per Title 21, Section 841, it’s illegal to intentionally distribute a controlled substance outside the regulations of the law. This puts physicians and pharmacies under close scrutiny as they are legally authorized to distribute controlled substances. If a physician knowingly distributes a controlled substance without a medical need, this becomes a serious federal offense. In any illegal drug distribution case, the prosecutor will look for elements of criminal intent, including knowingly and intentionally selling or distributing the controlled substance while knowing it wasn’t medically necessary and knowing it was a controlled substance. Good intentions may lead healthcare professionals astray, and colleagues of a fraud-conducting healthcare provider may also face consequences.