There have been many changes to New York’s prescription drug laws. These changes affect doctors, pharmacists, and patients. Many of these changes have come out of New York’s increased prescription drug problem. Simply, prescription drug abuse and crimes relating to Oxy, Adderall, and other prescribed medications are as prevalent as those crimes involving street drugs such as cocaine and heroin. For more information on how these laws may affect your case, contact a distinguished drug lawyer as soon as possible.
According to the Bureau of Narcotic Enforcement, the consumption of oxycodone and hydrocodone has substantially increased between 1996 and 2006. Opioid deaths have also risen, up to almost 500,000 in 2012.
The first step in combatting this issue was switching from paper to electronic prescriptions by doctors, sent directly to pharmacists, effectively removing the patient from this part of the process.
Prescription Drug CrimesAll drugs are classified from Schedule I up to Schedule V, depending on the type of drug. Schedule I drugs are completely illegal, such as heroin. Schedule II and onwards are prescription drugs, from the ones most likely to be abused and create a dependence, to the least likely to do so.
The main criminal statute regarding prescription drugs is § 178.00 Criminal diversion of prescription medications and prescriptions. Under this statute, it is illegal for individuals to sell or buy prescription medicine when there is no medical need for the medicine.
The law also bans buying or selling a prescription when the person has no right to do so, specifically if the person is not a doctor or pharmacist. This law does not apply to a doctor, pharmacist, or any person who is looking for or providing medical help in good faith. This is why it is important for someone to speak with a New York Prescription Drug lawyer to find out if they are eligible for any of these exceptions to the law.
Potential PenaltiesIndividuals should also be aware that the law can range from the fourth degree to the first degree. Under the fourth degree, breaking the law would be a class A misdemeanor. Someone could be charged with the crime in the third degree if they have previously been accused of committing this crime or if the amount involved is over $1,000.
With diversion of prescription medication and prescriptions under the third degree, the charge is a class E felony. The second degree is a class D felony, when the value for the drugs or prescription is over $3,000. Being charged with first degree is a class C felony when the total amount of the drugs involved is over $50,000 in value.
Under §178.26, the law focuses on people who obtain a prescription through fraud or deceit. Generally, this happens if a person lies to doctors or medical personnel about needing prescription drugs for an illness when they actually do not.
This law also applies to people who falsely claim to be pharmacists or doctors to obtain a prescription. Under this law, anyone who has a fake prescription or a blank prescription will be assumed to be using it to get a controlled substance.
If someone already has a prescription for a controlled substance and then goes to another doctor to get another prescription without informing that doctor of their existing prescription, they will also have violated the law.
Talk to a New York Prescription Drug AttorneyThe laws in New York regarding prescription drugs can be very complicated and have serious consequences, including time in prison. Therefore, speaking to a lawyer about your circumstances is very important to understand exactly what consequences you may be facing and how to fight against them.
Call our New York Prescription Drug Attorneys at (212) 312-7129 or contact us online today.