Can prescription drugs lead to criminal charges in Washington? Learn about prescription drug possession, sharing, distribution, prescription fraud, and felony charges.

All legally prescribed controlled substances are considered legal for possession as long as they were prescribed lawfully and used as directed by the prescriber. It is possible for legally prescribed prescription drugs to be illegal in other circumstances, however.

Many prescription drugs are considered to be “controlled substances” or “legend drugs.” While possessing a controlled substance with a valid prescription is legal, possession without a valid prescription, sharing with others, selling, using for other illegal activities or altering a prescription can be charged as a crime.

Depending on the type of prescription drug in question, how one got them, what one did with them, and a host of other factors one could be charged with a crime for violating the above provisions.

You can possess a prescription drug when you have acquired it directly from, or pursuant to, a valid prescription or lawful order for such a substance from a pharmacist or other authorized practitioner for such substance.

These types of drugs are controlled by Washington’s controlled-substance laws, but a valid prescription is considered an authorization for possession of a controlled substance.

Any prescription will be considered a legitimate prescription for purposes of illegal use, so long as it was issued in good faith for a legitimate medical purpose by a legitimate practitioner.

Just having pills in a prescription bottle does not end the investigation into possible wrongdoing.

Can You Be Charged for Possessing Prescription Drugs Without a Prescription?

Yes.

Possessing a controlled substance without having obtained it pursuant to a valid prescription or practitioner order is unlawful under Washington law.

For example, someone could be charged with a crime for knowingly possessing another’s controlled prescription medication.

This includes common prescription drugs that people typically assume are perfectly legal to possess even in the absence of a valid prescription.

Unlawful possession or public use of a controlled substance is a gross misdemeanor under RCW 69.50.4013 and is subject to the specific provisions and exceptions of that statute. Such an offense can be punishable by up to 180 days in jail and a $1,000 fine. For repeat offenders, however, the maximum amount of time that can be served in jail for such offenses can be increased.

Are You Going to Get in Trouble for Taking Someone Else’s Prescriptions?

Potentially, yes.

A prescription written for another person is their property, and simply taking it from them does not make it your property. It is wrong to assume that you can take someone else’s prescribed medication even when that person gives it to you.

This law applies to controlled substances which are obtained by means of a valid prescription or practitioner’s order for lawful possession.

Note: For other prescription drugs (not considered “controlled” but considered “legend” drugs), there are restrictions as to knowing possession of said prescription drugs without a valid written prescription or order for such.

Is Sharing Prescription Medication Illegal?

It can be.

Even though your prescription or Meds are for your personal and lawful use, providing them to others for their use, even free of charge, can create serious legal consequences for you.

Just because you have legally obtained a prescription drug does not mean you can share it with others.

Most importantly, note that we’re talking about controlled substances, which get special scrutiny under the law.

It is best to have the other person get a prescription from their own doctor and have them take that medication.

Can You Be Charged for Selling Prescription Drugs?

Yes.

In addition to possession of a controlled substance with intent to manufacture or deliver, a person can also be charged with selling or delivering a controlled substance, often with more severe penalties than simple possession.

Manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance such as methamphetamine, heroin, etc. is unlawful. Such conduct is classified as either a Class B or C felony depending on the specific drug involved and the circumstances of the offense.

When the State asserts an intent to distribute in a charge of possession of a controlled substance, the consequences can become severe.

What If You Give Prescription Drugs to a Friend?

The conduct of giving away controlled prescription drugs is illegal regardless of whether or not you receive money for them.

Just because the unlawful transfer is not a “sale” does not mean that all unlawful transfers are not prohibited by statute.

In determining whether or not a crime has been committed through the transfer of prescription medications to friends, the State will look at the facts and circumstances surrounding the transfer of the medication. Specifically, the State will look to see if the medication was delivered or transferred and if the person who transferred the medication possessed the medication with the intent to deliver it to another.

This will be why the conduct was unlawful even if you didn’t receive any money for the controlled substance.

Can a Fake Prescription Lead to Criminal Charges?

Yes.

The law sets out several methods by which obtaining or attempting to obtain a controlled substance to be illegal, including by:

  • Fraud
  • Deceit
  • Misrepresentation
  • Subterfuge
  • Forgery
  • Altering a prescription
  • Concealing a material fact
  • Using a false name
  • Providing a false address

RCW 69.50.403, above, sets forth the acts prohibited in obtaining or attempting to obtain a controlled substance.

An investigation of a prescription fraud case can be more than just an investigation of charges of drug possession.

What Is Prescription Fraud?

Prescription fraud includes the act of using deception or false information to attempt to obtain legal prescription medication that the offender is not legally entitled to obtain.

Examples may include:

  • Altering the dosage on a prescription
  • Changing the number of refills
  • Forging a prescription
  • Using someone else’s prescription
  • Providing false information to obtain medication
  • Using a false identity
  • Visiting multiple providers to obtain controlled substances through deception.
  • Lying about medical needs to obtain illegal use of a controlled substance

Charges will depend on the specific facts of the case.

Can Doctor Shopping Lead to Criminal Charges?

Potentially.

Just because someone is going to multiple doctors for treatment does not mean that he or she is committing a crime. Many people need to have multiple specialists.

This can become an issue when a person’s deception of a medical professional or concealment of material information regarding the lawful prescribing and use of a controlled substance(s) constitutes such conduct regarding said substance(s) as to have been obtained unlawfully.

Washington has identified specific methods by which a person could obtain a controlled substance illegally, including by fraud, by deceit, by misrepresentation, by subterfuge, by concealment of material facts, by use of false names or by use of false addresses.

Can Possessing Many Prescription Pills Lead to a Drug Charge?

Having a large amount of prescription medicine on you can get attention from the police, but being in possession of large quantities of prescription medicine in no way automatically indicates an intent to distribute said prescription medicine.

Prosecutors may look at the entire situation, including:

  • The type of medication
  • The quantity
  • How the medication was packaged
  • Whether the person has a valid prescription
  • Where the medication came from
  • Communications with other people
  • Evidence of sales or transfers
  • Money or payment records
  • Statements made to investigators
  • Other physical or digital evidence

A criminal defense attorney can explore the issue of whether the evidence collected by investigators will actually support the criminal charge(s) for which the defendant is being prosecuted.

Can prescription drugs lead to criminal charges

Yes.

Prescription drug-related offenses can be misdemeanors or even felonies depending on the circumstance of the case.

The various controlled substances and their classifications under Washington’s controlled substance statutes can dictate whether or not the manufacture, distribution, or other such activity constitutes a felony, and whether it is a Class B or a Class C felony, RCW 69.50.401.

The Difference Between Simple Possession and Possession with Intent to Deliver.

What Is the Difference Between Possession and Possession With Intent to Deliver?

These charges involve different allegations.

Simple Possession

This is an offense where the defendant is charged with knowingly possessing a controlled substance without authorization to do so.

The general offense of simple possession of controlled substances is currently classified as a gross misdemeanor under RCW 69.50.4013.

Possession With Intent to Deliver

This is more serious.

Similarly, you can be charged with the offense of possession with intent to deliver (also referred to as “dirty possession” or “aticulation”) when the State proves not only that you possessed a controlled substance, but also that you intended to distribute that substance to another person.

This offense can be a felony under RCW 69.50.401 depending on the controlled substance involved (like Schedule I or II narcotic drugs).

Until the State establishes all of the necessary elements for the crime charged from evidence presented at trial, do not assume that your possession of your own prescription medication to use as prescribed constitutes distribution of that medication with intent to do so.

What If the Prescription Is Expired?

An expired prescription is generally not a valid defense to possession of that prescription medication, as there are many factors that can affect whether or not an expired prescription is authorized for that individual’s possession.

An expired prescription does not automatically become invalid for possession.

Just because you have a prescription that has expired does not mean that you cannot possess the medication for which it was written. However, if law enforcement claims that your prescription was invalid (for example, was altered, forged, or drawn up by an unauthorized practitioner) even though it looked legitimate, the attorney can review the prescription itself, your pharmacy records, your medical records, and other related information to attempt to determine whether or not you were entitled to possess the medication.

What If the Pills Were Prescribed to Me?

These same considerations apply if the controlled substance in question was in fact legally prescribed for your use and you possessed it in accordance with that prescription.

Keep your prescription information and pharmacy records available.

If the police still misunderstand your right to possess your own lawfully prescribed medication, we will analyze all of the following information to defend you:

  • The prescription
  • The prescribing provider
  • Pharmacy records
  • The medication involved
  • The quantity
  • The date of the prescription
  • Whether the prescription was valid
  • Whether the medication was obtained from the authorized source
  • What evidence law enforcement relied upon

Whether or not the defense of valid prescription is relevant to the case depends on the specific facts of the case.

What If Someone Put Prescription Drugs in My Car?

Just because you find prescription drugs in your car does not answer all of the issues in a criminal case.

A case for criminal sale and possession of a prescription medication for personal use may be established by proof that the defendant knowingly possessed such medication.

Issues may include:

  • Who owned the medication?
  • Who had access to the vehicle?
  • Where were the drugs located?
  • Who had control over that area?
  • Was the medication in someone else’s bag?
  • Did you know the drugs were there?
  • Did the medication belong to another person?
  • Was there evidence connecting you to the drugs?

The defense can attack the search and seize of evidence as being unlawful and therefore inadmissible as against the interests of the accused in a criminal case for the unlawful possession of prescription drugs.

Can Police Search for Prescription Drugs?

There are specific rules, both constitutional and statutory, that must be followed by law enforcement when they are conducting searches and seizures.

Whether or not police obtained a valid warrant to search for prescription drugs will determine whether or not evidence discovered during such a search can be admitted in your case.

Whether the prescription drugs were found during a traffic stop, car search, home search, etc., the search and seizure and the methods used by the police to obtain evidence of the drugs are critical issues in a case such as this.

Tell your attorney every detail about how evidence was obtained in your case.

Can the text messages and other digital information be used against you in a prescription drug case?

Potentially, yes.

Digital evidence can become important in the course of a prescription drug investigation.

Depending on the case, prosecutors may attempt to use:

  • Text messages
  • Social media messages
  • Call records
  • Photos
  • Payment records
  • Online communications
  • Location information
  • Other digital evidence

For example, messages could be used by the prosecution to establish that the sender and receiver had agreed to the sale of, or transfer of, medication.

Was the evidence properly collected and is it all there? Does it actually prove what the prosecutor is attempting to use it to prove.

What If You Were Not Selling the Medication?

That distinction can matter.

Are you charged with Selling a Prescription Drug versus simple Possession of a Prescription Drug?

The specific charge(s) must be proved by the State’s evidence. In Washington, for example, possession and the crime of possessing with intent to manufacture or deliver are separate crimes defined in separate sections of the controlled substances statute

Washington law includes separate provisions for possession of a controlled substance and for the possession with intent to manufacture or deliver a controlled substance.

Remember, the offense for which the defendant is accused includes specific elements that must be proven by the State’s evidence. Therefore, the defendant’s evidence should be directed to attacking only those elements in order to secure an acquittal.

What Should You Do If Police Ask About Prescription Drugs?

Be careful before you make any statements regarding your position in the matter under investigation before you fully understand your position with respect to the law.

OFFICERS INVESTIGATING POSSIBLE POSSESSION, DISTRIBUTION or FRAUD BY PRESCRIPTION OF MARIHUANA or other drugs, be careful about your statements regarding suspected Prescription Drug activity.

If you are being questioned about a crime and the investigator asks you about suspected drug related activity you have the right to speak with an attorney before making a statement.

Please be advised that attempting to destroy evidence or hide evidence of a crime can result in additional charges.

What Are Common Defenses in Prescription Drug Cases?

As noted before, every case is unique and will have its own unique set of issues for the defendant’s defense.

Valid Prescription

The defendant’s medication was lawfully prescribed and the defendant was in possession thereof.

Lack of Knowledge

The defendant did not know that he/she possessed the pharmaceutical.

Lack of Possession

The other person could have possessed the drugs or the drugs could have been found in a location under the control of another person.

No Intent to Deliver

Possession of drugs alone is not enough for a conviction for distribution of drugs. The defendant must have intent to distribute the drugs and the evidence must support that intent.

Unlawful Search or Seizure

The evidence seized by police (including physical items and photographs) were obtained by the police in an unlawful search or seizure.

Prescription or Pharmacy Records

Medical and pharmacy records could be used to establish the source of the medication and verify that it was prescribed lawfully.

Insufficient Evidence

If there is not enough evidence to establish each of the required elements for the charged offense(s) then the defense can argue that there is not enough evidence to sustain a conviction for that offense.

What Happens After an Arrest for Prescription Drug Charges?

The next steps depend on the circumstances.

A criminal case may involve:

  • Investigation or arrest
  • Booking and release decisions
  • Initial court proceedings
  • Arraignment
  • Discovery
  • Motions
  • Plea negotiations
  • Trial
  • Sentencing if there is a conviction

An attorney can review the circumstances surrounding your case and tell you whether or not you have a basis for challenging the charges against you, or even to negotiate a better deal for you.

Prescription drug cases can involve complicated questions about:

  • The legality of possession
  • Prescription validity
  • Drug classification
  • Search and seizure
  • Intent
  • Digital evidence
  • Pharmacy records
  • Witness statements
  • Alleged delivery or distribution

Your attorney will have more time to investigate the facts of your case and identify all relevant defenses to the charges against you.

Prescription Drug Charges in Vancouver, WA

Investigations into prescription drug use can quickly escalate into a serious criminal matter as the police seek to charge an individual with illegal drug possession, distribution, prescription fraud or possession with intent to deliver drugs.

Mcaleer Law represents clients charged with crimes throughout Southwest Washington. We take the time to understand our clients’ circumstances, explain their legal options, and explore all possible resolutions to a given case.

Don’t Wait Until It Is Too Late. Call now for a free consultation with a Vancouver, WA Criminal Defense Attorney to discuss the specifics of your case.