New York Prescription Drug Crimes: FAQ

It depends on the circumstances. In general, it is a crime in New York to possess a prescription drug that was not prescribed to you, as long as that prescription drug is listed as a Controlled Substance under the Public Health Law in New York. However, all criminal charges for possessing prescription drugs in New York require that the person who possesses them knows that they possess them. Practically speaking, if a person is holding a prescription for their spouse or child or other close relation, it would be very unusual for criminal charges to be sustained against that person.

Yes. In New York, sharing prescription drugs with another person is considered a “sale” of a controlled substance, which is typically a D felony of Criminal Sale of a Controlled Substance in the Fifth Degree, PL 220.31 or the B felony of Criminal Sale of a Controlled Substance in the Third Degree, PL 220.39.

In New York, if you are in possession of prescription drugs for which you do not have a valid prescription, it is generally a crime. The most typical charge for this is Criminal Possession of a Controlled Substance in the Seventh Degree, PL 220.03, an A misdemeanor, punishable by up to one year in jail. Anytime you sell prescription drugs unlawfully, it is automatically a felony regardless of how much or whether you are paid in return for giving it to another person.

Yes. In New York, giving prescription drugs to another person is considered a “sale” of a controlled substance, even if no money is exchanged, which is typically a D felony of Criminal Sale of a Controlled Substance in the Fifth Degree, PL 220.31 or the B felony of Criminal Sale of a Controlled Substance in the Third Degree, PL 220.39.

In New York, if you are in possession of prescription drugs for which you do not have a valid prescription, it is generally a crime. The most typical charge for this is Criminal Possession of a Controlled Substance in the Seventh Degree, an A misdemeanor, punishable by up to one year in jail.