Federal law prohibits a person who doesn’t have a license to write prescriptions, to either sell, or give, prescription drugs to someone else under (21 U.S.C. § 841(a)). If a doctor or pharmacist, or someone else whose licensed to give medicine – knowingly sells or gives prescription drugs to someone who doesn’t have a need, or valid prescriptions, then he or she can be held liable. Selling can involve either being paid money, or agreeing to sell or exchange. The illegal sale of drugs has surged recently, thanks to pain meds such as Vicodin, and Percocet. There’s a huge demand for these drugs in a recreational manner, rather than for valid medical reasons. This has resulted in an increased in the illegal sales of prescription drugs. In addition, fake pain management clinics have sprung up, which are run by licensed individuals who write and fill these unnecessary and invalid prescriptions.
Illegal sale of the drug is a manner which is defined in several ways. For example, a person who has a valid prescription can be convicted of illegally selling drugs if he/she takes the drug and sells it to someone. A health care provider can be found guilty of writing a prescription which isn’t medically necessary, or for prescribing an amount which isn’t medically necessary. Pharmacists who knowingly fill an invalid prescription can also be charged with a crime.
What does the prosecution have to prove
Depending on how the alleged act occurred, there are many different plausible defenses. If you are accused of selling prescription drugs, then prosecutor has to prove that you knowingly sold or gave a prescription drug to someone who lacked a valid prescription. If the defendant is a health care provider, then the prosecutor has to prove the defendant intentionally wrote, or filled, the bogus prescription.
If you’re charged with illegally selling drugs, then defendants have to prove that you have no intent to sell the drugs, but simply possessed the drugs for personal use. If you’re a health care professional, then our team of lawyers will argue that you had medically valid reasons for writing the prescription. We find expert testimony that will support your claim, and prove you had no reason to suspect that you were filling an invalid prescription.
There are many possible penalties for the illegal sale of prescription drugs. Convictions for an illegal sale of prescription drug carries very severe penalties. Selling illegally is treated more seriously than simply possessing the drug As a result, a possession conviction can result in a fine or misdemeanor. However, an illegal sale conviction can result in a felony record – in addition to a prison term. Health care providers who are convicted of illegally selling prescription drugs face not only criminal penalties, but will also lose their license – and livelihood.
Here is some additional information that relates to the sale of drugs.
- Sale of a Controlled Substance
- Selling Oxycontin/Oxycodone
- Distribution of Amphetamines
- Can I go to jail for selling fake drugs?
Hire our criminal defense lawyers
Being charged with illegally selling prescription drugs is a serious matter, which can rapidly escalate into a federal matter. It’s recommended that you speak to an attorney. Hiring a knowledgable criminal defense attorney can help ensure your freedom. The attorney you hire can help build a solid defense in your favor. Our attorneys can help convince either a prosecutor, or jury, that you had no intention to sell the drugs, and possessed it simply for personal use. This can result in no punishment, or lesser punishments. In addition, our criminal attorneys can help prevent loss of license of health care providers as well. Contact us for a risk free consultation.