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Can I Share My Prescriptions with Friends?

Michael Cohen • June 25, 2021

Prescription drugs are still drugs. They become legal because a doctor prescribes them for a medically valid purpose. The right to use them only belongs to the person in whose name the prescription is written. Sharing prescription drugs with someone else ranges from wrong to illegal, depending on the drug. An arrest for distributing certain drugs could bring serious consequences.


Friends may ask for a pill when they want or need it. If your prescription is for a controlled substance, this is where you can really get into trouble. This is true even if there is no money changing hands. While you may think that you are helping a friend, the law may not see it the same way.


What Are Controlled Substances?

Sharing certain prescription medications can be both a federal and state crime. The Controlled Substances Act strictly regulates how these drugs are to be prescribed and used. Prescriptions are governed by 21 USC §829. Controlled substances are classified according to schedules. Here are the various schedules:

·        Schedule II - These are drugs like fentanyl that have the highest likelihood of abuse. This class has the highest restrictions.

·        Schedule III - These prescriptions have a chance of abuse and include drugs like codeine.

·        Schedule IV - These are drugs like Xanax that have a potential for addiction and abuse, but it is lower.

·        Schedule V - This includes prescriptions that have low quantities of narcotics.


Sharing Prescriptions is Against the Law

Sharing some prescriptions can even be considered drug trafficking under the law. Anything that is regulated by the Wisconsin Controlled Substances Act could bring a jail sentence if the prosecutor could prove that you are in possession with intent to distribute. Prosecutors are treating overdose deaths like homicides in light of the opioid epidemic, and they may even target family and friends. You simply do not want to take this chance. This would include drugs like:

·        Prescription sleep aids

·        Anxiety medication

·        ADHD medication

·        Painkillers

In addition, if anything were to happen to your friend, you could also be legally responsible in a civil lawsuit.


It is also not the best idea to share prescriptions that are not controlled substances. Even if you are not sharing a controlled substance, it could still be dangerous. You never quite know whether the person could have a reaction to the drug and what the correct dosage is. This is why doctors oversee and supervise prescriptions. They could have an allergic reaction, or it could conflict with other medications that they are taking. Either way, your friend should consult with their own physician.


Criminal Defense Attorneys Helping Clients Facing Drug Charges

If you have been arrested on drug charges, call the attorneys at Cohen Law Offices at (715) 514-5051 or contact us to schedule your free initial consultation. We have the experience and skill required to protect your rights.

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