NYC Criminal Sale of a Prescription for a Controlled Substance

Get an Experienced Former Prosecutor on Your Side

The criminal sale of a prescription for a controlled substance involves serious legal repercussions, particularly when it comes to practitioners or pharmacists. Unlawfully selling prescription drugs can include misdemeanor and felony charges.

Under New York Penal Law § 220.65, a person can be convicted of this offense if they knowingly and unlawfully sell a prescription for a controlled substance without acting in good faith within the scope of their practice.

The laws and penalties of these charges require the right lawyers and a smart approach to defense. With years of experience and a prosecution background, Mehdi Essmidi is the one to call to defend your drug charges. Contact us today for a free consultation.

NYC Criminal Sale of a Prescription for a Controlled Substance

Prescription drug abuse is a big problem in New York and across the US. Misuse of prescription drugs, especially opioids, has become an epidemic. Those found guilty of selling prescriptions for controlled substances can face serious penalties under New York law, and increased penalties for sales made on school grounds or involving multiple types of drugs.

Also note that even if you didn’t sell the prescription yourself, you can still be charged if you facilitated the sale. This could refer to forging a prescription, stealing a prescription pad, or using someone else’s prescription.

Types of Controlled Substances in New York

Selling drug prescriptions falls into five schedules under the Controlled Substances Act. The schedules are based on the potential for abuse, accepted medical use in treatment in the USA, and the degree of physical or psychological dependence the drug may cause.

Schedule I drugs have a high potential for abuse and no accepted medical use. These include drugs like heroin, LSD, and ecstasy.
Schedule II drugs have a high potential for abuse but have some accepted medical use. These include drugs like methadone, oxycodone, and fentanyl.
Schedule III drugs have moderate to low physical and psychological dependence. These include medications like anabolic steroids and testosterone.
Schedule IV drugs have a low potential for abuse and a low risk of dependence. These include drugs like Xanax, Soma, and Valium.
Schedule V drugs have a lower potential for abuse than Schedule IV and include preparations containing limited quantities of certain narcotics. These are generally used for antidiarrheal, antitussive, and analgesic purposes.

The type of substance involved can impact the charges and penalties you face. Other drug crimes, such as possession, drug trafficking, and sales, can also vary depending on the schedule of the controlled substance involved.

New York Penal Code Penal Law § 220.65

The term “practitioner” in this code can mean a physician, dentist, veterinarian, or any other authorized person who dispenses, prescribes, or administers drugs. This law covers anyone who sells prescriptions or facilitates the sale of prescriptions for controlled substances.

Doctors who write prescriptions without a legitimate medical purpose and pharmacists who fill those prescriptions knowing they’re not for legitimate medical use can be charged with criminal sale of prescription drugs. The charges vary between misdemeanor and felony charges based on the quantity and intent.

Doctors Selling Prescriptions Illegally:

Under NY Penal Law § 220.65, a doctor breaks the law if they knowingly sell a prescription for a controlled substance without following the proper medical practice rules. This means they are not acting in good faith as a medical professional.

Pharmacists Selling a Prescription for a Controlled Substance:

A pharmacist breaks the law if they knowingly sell a controlled substance while pretending to be acting within the scope of their professional license but are actually not acting in good faith.

Legal Ramifications

In New York, the penalties for a conviction of selling a prescription for a controlled substance or a controlled substance by a practitioner or pharmacist can include:

Felony Charges:

Selling a controlled substance, depending on the substance and the amount, is a felony. For practitioners or pharmacists, the charges are more severe because of the breach of trust.

Prison Time:

Class A-I Felony: This is the most serious charge involving a large quantity of narcotics and up to 15 years to life in prison.
Class A-II Felony: Large quantities but less than A-I, involving 3 to 8 years in prison.
Class B Felony: Smaller amounts than A-II, involving 1 to 9 years in prison.

Fines:

Convictions can include heavy fines. For example, a Class B felony can be $30,000 or more.

Defenses for Selling a Prescription for a Controlled Substance

Facing charges for criminal sale of a prescription for a controlled substance can weigh heavy on anyone’s mind, but there are defenses that can be used to protect your rights and reduce the consequences. You need an experienced defense attorney who knows the drug laws and can navigate the system.

Some of the defenses we’ve used at The Law Offices of Mehdi Essmidi are:

Lack of Knowledge: One defense is that you didn’t know the prescription was being used illegally. This burden is on the prosecutor to prove that you had knowledge and intent to commit a crime.

Insufficient Evidence: The prosecutors must prove beyond a reasonable doubt you sold or intended to sell a prescription for a controlled substance. If the evidence is weak or circumstantial, we may challenge its sufficiency.

Prescription Was Legitimate: If you’re a practitioner, you may argue that the prescriptions were legitimate.

Unlawful Search and Seizure: If evidence was obtained through an illegal search, it might be possible to suppress it, which could greatly weaken the prosecution’s case.

Call Today for a Free Consultation

If you have been charged with criminal sale of a prescription for a controlled substance, the sooner you get legal help, the better your chances of a good outcome.

At The Law Offices of Mehdi Essmidi P.L.L.C., we offer a free consultation to discuss your case and explain your options. You don’t have to go through this alone. With our firm, you’ll have an experienced and dedicated attorney fighting for you.