NYC Criminal Sale of a Prescription for a Controlled Substance

The criminal sale of a prescription for a controlled substance involves a number of legal repercussions, particularly when it comes to practitioners or pharmacists. Selling prescription drugs for a controlled substance can lead to 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 a smart approach to defense. With years of experience and a prosecution background, attorney 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

Under New York law, individuals who unlawfully sell or facilitate the distribution of controlled substances through fraudulent prescriptions can face severe penalties. Enhanced penalties may apply for offenses involving large quantities of controlled substances.

Under New York law, even if you do not directly sell a controlled substance, you may still face criminal charges if you facilitate its unlawful distribution. This includes forging prescriptions, fraudulently obtaining prescriptions, or knowingly using another person’s prescription to acquire controlled substances illegally.

Types of Controlled Substances in New York

Controlled substances in New York are classified into five schedules under both federal and state law. These schedules categorize substances based on their potential for abuse, accepted medical use in the U.S., and likelihood of dependence. While New York follows the federal Controlled Substances Act (CSA), the state also enforces its own drug laws under the New York Public Health Law § 3306.

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

New York Penal Code Penal Law § 220.65

New York Penal Law § 220.65 applies to any licensed medical professional who unlawfully sells or facilitates the sale of a prescription for a controlled substance. This includes physicians, dentists, veterinarians, and other authorized prescribers who issue prescriptions without a legitimate medical purpose.

Doctors who write prescriptions without a valid medical treatment and pharmacists who fill prescriptions knowing they’re not for legitimate medical use can be charged with criminal sale of prescription drugs.  

Classification and Penalties:

• Class C Felony: Criminal sale of a prescription for a controlled substance is classified as a Class C felony.
• Imprisonment: A first-time offender convicted under Penal Law § 220.65, a Class C non-violent felony, may face probation or a prison sentence ranging from 1 to 5.5 years. Repeat felony offenders may face a longer sentence of up to 15 years.
• Fines: Convictions can also include substantial fines up to $15,000.

Defenses for Selling a Prescription for a Controlled Substance

Facing charges for criminal sale of a prescription for a controlled substance can take its toll, but there are defenses that can be used to protect your rights and reduce the consequences. You need an experienced criminal defense attorney who knows the drug laws and how the prosecution approaches these cases. Some of the defenses we’ve used at The Law Offices of Mehdi Essmidi are:

• Lack of Knowledge: A key element of the charge is intent. If you did not knowingly issue a fraudulent prescription or were unaware that a prescription would be misused, this may be a defense. 
• 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 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.

At The Law Offices of Mehdi Essmidi, 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. 

Frequently Asked Questions

What is the criminal sale of a prescription for a controlled substance in NYC?

The criminal sale of a prescription for a controlled substance happens when a person unlawfully sells or distributes a prescription for a controlled substance without a valid medical reason. This offense can be prosecuted under New York Penal Law § 220.65 and may carry serious penalties, especially if the sale leads to drug abuse or trafficking.

What are the penalties for selling a controlled substance in New York?

The sale of a controlled substance can range from fifth degree (a class D felony) to first degree (a class A-I felony) under the New York Penal Code. The severity of the charge depends on factors such as the type and quantity of the controlled substances, whether the sale occurred on school grounds, and if the person has a prior conviction.

What is the difference between criminal sale and criminal possession of a controlled substance?

A person is guilty of criminal sale of a controlled substance if they sell drugs. Criminal possession, on the other hand, happens when a person possesses a controlled substance without legal authorization. Both offenses are prosecuted under NY Penal Law, but selling often carries harsher penalties than possession.

What are the consequences of a prior felony conviction on a drug charge?

A prior felony conviction can significantly impact sentencing for drug crimes. Individuals with prior convictions may face minimum sentences without parole eligibility. Under New York Penal Law, repeat offenders may be subject to enhanced sentencing, particularly if convicted of a controlled substance offense involving a narcotic drug or hallucinogenic substance.

What is considered a valid medical reason for prescribing a controlled substance?

A valid medical reason for prescribing a controlled substance means that the prescription is issued in good faith by a licensed medical professional as part of his or her professional practice. Under Article 33 of the New York Public Health Law, prescriptions must be based on legitimate medical needs and cannot be issued for financial gain or to facilitate prescription drug abuse.