A prescription from a medical professional can make the possession of a controlled substance legal. However, even patients with obvious medical conditions are potentially vulnerable to prosecution if they violate state or federal law despite having a recommendation from a medical professional.
Patients can make choices with their medication that put them at risk of state charges and a host of different practical complications. What are some of the more common ways that people with prescription medications violate the law?
1. Doctor shopping
People who know that a specific medication helps control their symptoms may expect their physician to continue prescribing that medication indefinitely. If their doctor chooses to change their treatment or reduce their dosage, the patient might see multiple other physicians in hopes of securing a new prescription.
Failing to advise a medical professional about an existing patient-doctor relationship or a pre-existing prescription can put patients at risk of fraud allegations and serious criminal charges. Doctor shopping may seem like auditioning a medical professional, but it can lead to prosecution if the patient receives a prescription from multiple doctors.
2. Buying medication from unlicensed parties
A co-worker, neighbor or family member might potentially have the same prescription medication that a patient takes. If their doctor ended their treatment or if their insurance imposes substantial patient responsibility costs, a patient might consider purchasing the medication from an unregulated provider.
Patients typically can only lawfully acquire their medications from licensed providers. Buying them from unregulated and unlicensed sources could lead to criminal prosecution if caught in the act or while in possession of medication dispensed by an unlicensed provider.
3. Driving while using medication
Drugged driving allegations are not just a concern for those who use prohibited substances. The state can also prosecute those who use prescriptions for impaired driving. Any medication that affects cognition, motor control or wakefulness could negatively impact the ability to drive safely.
Those facing drug charges related to a prescription medication may need assistance fighting those allegations. Discussing what led to a drug arrest with a criminal defense attorney can help those accused of misconduct with prescription medication take the right steps to limit the fallout of a recent arrest.
