Posted on October 4, 2024 in Drug Crimes

Can You Get Arrested For Sharing Prescription Drugs?

Sharing prescription drugs is a taboo subject. It is common for people to share prescription drugs with others who don’t hold a prescription. However, this behavior is illegal under Arizona law. Prescription drugs are heavily regulated in Arizona and throughout the United States as a result of widespread prescription drug abuse. 

While a prescription drug may seem harmless to people who have a valid prescription, they are often abused and can be dangerous to others. If you illegally share your prescription drug, then you can get arrested and charged with a crime. If you are convicted, you could face penalties like jail time and a permanent criminal record.

Arizona Regulations For Prescription Drugs 

Arizona has strict regulations regarding prescribing, administering, and dispensing prescription drugs. These regulations govern:

• Who can write prescriptions
• How long prescriptions are valid 
• How and where prescriptions are filled
• Information contained in prescriptions and on labels

If a doctor violates these regulations, the punishment may range from professional penalties to criminal charges. 

Even though the practice of prescribing drugs is strictly regulated, most doctors are not abusing the practice. Instead, most prescription drugs are disseminated by the prescription holder. This is either through illegally selling or sharing their drugs with others.

Illegal Distribution Of Prescription Drugs

It is illegal to distribute prescription drugs to a non-prescription holder in Arizona. This includes sharing, in addition to selling the drugs for money. Violation of this law is a class 6 felony. That means that if you are caught sharing your prescription drugs, you will be arrested. 

Furthermore, it is also illegal to offer to share your prescription drugs, even if you don’t follow through. That means that you should never offer to give someone prescription drugs, even if it is a single pill. 

Many people violate this law by offering a prescription drug to their friends in need. However, it is always best to encourage friends to visit a doctor and get their own legal prescription instead of sharing your own.

Penalty For Sharing Prescription Drugs 

The penalty for sharing prescription drugs is quite steep. Even though a class 6 felony is the lowest level felony, it is still a very serious criminal charge.

 If you are convicted of a class 6 felony, you will face:

• Up to 2 years in prison
• Up to $150,000 in fines
• A felony probation term

The upside is that if you are convicted, then the judge can change the charge to a class 1 misdemeanor, as long as you have not been convicted of at least two felonies. 

When deciding to reduce the charge, the judge will consider:

• The nature and circumstances of the crime
• The defendant’s criminal record 
• The defendant’s character 

If the judge reduces the charge to a misdemeanor, they will place the defendant on probation. Once placed on probation, the defendant will need to complete probation to have the charge permanently reduced. If the defendant fails to complete probation, the charge will remain a felony. 

Defenses To Sharing Prescription Drugs 

You can use several defenses if you are arrested and charged with sharing prescription drugs. These defenses may include:

• Insufficient evidence: The plaintiff failed to meet their burden to prove each element beyond a reasonable doubt
• Lack of intent: You did not knowingly distribute or share the prescription drug 
• Lack of proof of substance: The prosecution did not prove that the drug was a controlled prescription drug under Arizona law
• False accusation: You are falsely accused of sharing the drug 
• Constitutional violations: The police violated your constitutional rights when investigating the case. As a result, it should be either dismissed or certain evidence should be suppressed
• Technical or procedural defenses: There are problems with the investigation against you

In many cases, you can leverage more than one defense to strengthen your argument. 

A Phoenix drug crimes lawyer can explain the prescription drug law. They can also help you determine the best defense in your case. Contact Orent Law Offices today to schedule a free consultation.

Contact the Phoenix Criminal Defense Lawyers at Orent Law Offices To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.