People from all walks of life may be affected by drug crimes and the “war on drugs.” While many believe that drug crimes will typically involve illegal substances sold on street corners, more and more cases involve prescription medications. Drugs that millions of Americans take every day may be used for non-medical purposes, and these substances can lead to serious criminal charges.
People who are accused of possessing prescription drugs without authorization, selling medications outside of legal channels, or being involved in the illegal trafficking of prescription drugs may be arrested and charged with drug crimes. Understanding how the law treats prescription drug offenses and the consequences a person may face can be essential for anyone facing these allegations.
The Scope of the Prescription Drug Problem
The misuse of prescription drugs in the United States is a serious public health concern. The National Institute on Drug Abuse reports that an estimated 14.3 million Americans misuse prescription drugs each year. Opioid abuse is an especially serious concern, with around 8.7 million people abusing prescription painkillers each year.
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Law enforcement officials have responded aggressively to issues related to drug abuse, performing arrests for a wide variety of drug charges. The FBI reports that in 2023, around 870,000 people were arrested for drug offenses. Around 52% of these arrests involved dangerous non-narcotic drugs, including prescription drugs.
Criminal Charges Related to Prescription Drugs
Prescription drug offenses can lead to a wide range of criminal charges, including:
Drug Possession
Possessing a prescription medication without a valid prescription is a criminal offense under both federal and state law. The illegal possession of prescription medications classified as Schedule II, III, or IV drugs can result in fines and imprisonment. Prescription drugs such as oxycodone, hydrocodone, Adderall, and Xanax are included in these schedules. Even possession of a small amount of a drug without a valid prescription can lead to a misdemeanor or felony drug possession charge.
Drug Distribution
Selling prescription medications or otherwise transferring them to someone else without authorization can lead to charges that are more serious than simple drug possession. Charges of distributing a controlled substance can result in years or even decades in federal prison. People who share their prescription medication with family members, sell leftover pills, or obtain prescriptions for the purpose of distributing them to others may face drug distribution charges.
Drug Diversion
There are a variety of ways that prescription medications may be “diverted” from acceptable medical uses and used or distributed without authorization. Healthcare workers who steal medications from hospitals, patients who obtain multiple prescriptions from different doctors (a practice known as "doctor shopping"), doctors who issue prescriptions to patients when they are not medically necessary, or pharmacists who dispense medications without valid prescriptions may face criminal charges related to drug diversion.
Drug Trafficking
When drug crimes involve the distribution, transportation, or sale of large quantities of prescription drugs, a person could face drug trafficking charges. Federal drug charges may apply in situations where prescription drugs are distributed across state lines or imported into the United States. Some people may face charges of being involved in a drug conspiracy even if they did not directly handle or distribute prescription drugs.
Collateral Consequences Beyond Criminal Penalties
A conviction for a prescription drug offense can lead to consequences that can extend beyond fines and jail sentences. These may include:
- Employment: A drug conviction may prevent a person from working in fields like healthcare or education. Employers will often conduct background checks, and they may be unwilling to hire anyone who has been convicted of a drug crime, even if it is a minor offense involving prescription drugs.
- Professional Licenses: Doctors, nurses, pharmacists, or other healthcare professionals may lose their licenses after being convicted of drug diversion or other drug crimes. Other professionals, such as teachers, real estate agents, physical therapists, and attorneys, may also face disciplinary action following a prescription drug conviction.
- Immigration Status: Non-citizens who are convicted of drug offenses may face deportation, or they may be unable to apply for immigration benefits in the future.
Civil Liability: Serious Injury and Wrongful Death Claims
People who have been accused of prescription drug offenses may face civil penalties in addition to criminal charges. When a person is accused of distributing prescription medications, and another person suffers a drug overdose after using those medications, civil claims may be filed to address the injuries that have occurred.
When a fatal overdose is connected to prescription drugs that were distributed illegally, the family of the person who died may pursue a wrongful death lawsuit against the person who supplied them with the drugs. Civil lawsuits may also address other serious injuries caused by illegal prescription drugs, including brain damage, organ failure, or permanent disabilities.
A civil lawsuit may require a person to pay monetary damages that are meant to address the harm suffered by an overdose victim. These claims may cover the medical expenses related to an overdose, the ongoing treatment that a person may need, financial losses due to ongoing conditions that may prevent a person from working, or the losses experienced by family members after a person’s death. Any damages awarded in a civil lawsuit will be separate from the criminal punishment that a person may face.
Legal Help With Prescription Drug Charges and Lawsuits
Because of the complexity of criminal cases involving prescription drugs, people who are facing these charges may benefit from representation by a criminal defense attorney who can handle drug charges. Those who have been affected by drug crimes, including people who have suffered overdoses and family members of people killed by prescription drugs, may work with a personal injury lawyer to file civil claims and recover compensation for their damages.
