In recent years an abundance of cases involving prescription drugs have found their way into the justice system. Unbeknownst to many, prescription drugs can carry some of the same consequences as nonprescription drugs. In some ways the laws are similar and in many ways they are vastly different. In order to protect yourself and your right to possession of certain prescription drugs it is important to understand the distinguishable differences or speak to a knowledgeable San Diego Drug Lawyer who can adequately answer your questions.
Possessing vs. Selling Prescription Drugs
The main distinguishing factor that segregates the laws regarding prescription drugs and nonprescription drugs is the act of selling versus possessing them. In California, if you have a valid prescription for a drug, you are legally allowed to possess it, which is not the case for nonprescription drugs. In addition, it is illegal to possess prescription drugs without a valid physician’s prescription, as it is also illegal to sell prescription drugs.
Seeing as it illegal to possess prescription drugs you do not have a valid prescription for, you may choose to visit another doctor if you are acting under good faith regarding your need and ailment, rather than obtaining the drugs without a prescription and risk penalty. Doctors have the right to deny a patient a prescription due to suspicion of addiction, and if this occurs the patient may have to disclose this information to the second doctor they solicit. If they fail to do so, they could be faced with allegations of deceit and charges may be brought against them. Falsifying symptoms in order to obtain a prescription is considered prescription fraud and is a punishable crime in California. In addition, if you choose to obtain prescription drugs for another person, you may additionally have committed the crime of drug distribution.
Penalties for Prescription Drug Crimes
In comparison to penalties for possession or sale of nonprescription drugs, the penalties for selling and possessing prescription drugs are parallel. It is important to note however, that the majority of prescription fraud charges in California are considered to be “wobbler” charges, meaning they can be classified as felonies or misdemeanors. If a person is charged with felony prescription fraud they are usually facing a maximum prison sentence of three years and a maximum jail sentence of one year if charged with a misdemeanor. Due to the “wobbler” nature of such charges it is important to have an experienced San Diego Drug Lawyer who knows the applicable laws and will fight aggressively on behalf of you and your rights.
Call an Experienced San Diego Drug Lawyer Today to Answer your Prescription Drug Charge Questions
San Diego Drug Lawyer Ashby Sorensen has extensive knowledge and experience helping clients just like you with their charges and securing the best possible outcome for their matter. Call (858) 999-6921 today for a free consultation to better understand your options or have your questions answered.
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