| Read Time: 4 minutes | Drug Charges
is it illegal to share prescription drugs

Your parents might have taught you to share, but you can forget that lesson when it comes to prescription drugs. Is it illegal to share prescription drugs? Yes. And under Florida and federal laws, sharing prescription drugs can lead to serious consequences.

If you’re facing charges for sharing prescription drugs, seek attorney help as soon as possible. Our award-winning drug crime lawyers at Moses and Rooth Attorneys at Law can shield you from the criminal justice system and help you receive the best outcome in your case.

Why Is It Illegal to Share Prescription Drugs?

Prescription drugs are tightly controlled for a reason. They’re meant for the person whose name is on the bottle, and they are meant to be distributed by licensed professionals. The wrong medication or dose can hurt someone, and some drugs are addictive or dangerous if misused.

In fact, the U.S. is currently dealing with an epidemic of prescription drug overdoses, and laws against sharing aim to reduce drug-related tragedies. 

Laws on Prescription Drugs

State and federal laws make it clear: Only the person with the prescription can use the drug. The following laws prohibit individuals from using each other’s medications:

  • Florida’s Statutes Section 499.03  states that individuals can’t possess, dispense, or deliver prescription drugs unless they have a valid prescription from a licensed practitioner;
  • Florida’s Statutes Section 499.0051 penalizes selling, possessing, or delivering contraband prescription drugs (which include drugs without a proper transaction history); 
  • Florida’s Statutes Section 893.13 forbids the sale, manufacture, delivery, or possession of controlled substances, including many prescription drugs, with the intent to sell; and
  • Federal law 21 USC 829 makes the dispensing of prescription drugs by people who are not practitioners or pharmacists illegal.

Even if you’re just trying to help, sharing a prescription drug can count as illegal distribution.

Is It Illegal to Take Prescription Drugs That Aren’t Yours?

We’ve established that it is illegal to give someone one of your prescription drugs. However, people are often unsure of whether it is illegal to take prescription drugs that aren’t yours. The answer is yes: that is also illegal. You could face charges for possession of a controlled substance, which might be a misdemeanor or a felony, depending on the type of drug. 

What Are the Penalties?

Getting caught illegally sharing or using prescription drugs can lead to many consequences, including the following.

Criminal Punishment

There are varying degrees of punishment for prescription drug violations. These crimes can range from second-degree misdemeanors to first-degree felonies and carry the weight of several years in prison. Below are examples of the types of punishment you might face if convicted of a prescription drug crime.

Second-degree misdemeanor

Mere possession of a prescription drug can be a second-degree misdemeanor under Florida Statutes Section 499.03. A conviction could include up to 60 days of jail time and a $500 fine. 

First-degree misdemeanor

If the State proves that you possessed a controlled substance with intent to deliver it to someone else under Florida Statute’s Section 893.13, you might be guilty of a first-degree misdemeanor. This conviction could subject you to up to a year in jail and a $1000 fine. 

Third-degree felony

If found guilty of possessing certain prescription drugs with an intent to sell or deliver the drugs under Florida Statutes Section 499.03, you could be guilty of a third-degree felony. A conviction could include a fine of $5,000 and up to five years in prison.

Second-degree felony

If you are convicted of knowingly delivering, selling, or possessing with intent to deliver a contraband prescription drug under the Florida Statutes Section 499.0051, you could be guilty of a second-degree felony. This conviction could mean up to 15 years in prison and a $10,000 fine.

First-degree felony 

If the State proves that you were trafficking contraband prescription drugs under Florida Statutes Section 499.0051 by selling, buying, manufacturing, transporting, or possessing more than $25,000 in drugs, you could be guilty of a first-degree felony. This conviction could include up to 30 years or even life in prison and a fine of $10,000.

Loss of Your Driver’s License

Even if your case isn’t related to driving, your license could be suspended. This suspension could last for a year or longer.

Real-Life Scenarios

Let’s look at how people accidentally get into trouble:

  • Sharing painkillers. A person gives a friend some of their leftover prescription to help with the friend’s pain from an untreated injury. It might seem innocuous, but it’s illegal.
  • Taking antibiotics. A person’s family member offers them unused antibiotics to fight an infection. To the surprise of many, that’s against the law.
  • Stimulants. Sharing Adderall or another prescribed stimulant with a friend for a study session—or for any other reason—could lead to felony charges.

If you are in trouble for any of the scenarios above or have been accused of any drug offense, don’t panic. Act quickly by talking to an experienced attorney. 

Immediately contact Moses and Rooth for guidance and protection against criminal allegations. We can comb through every detail of any prescription drug charge you might face to reduce potential penalties. We can also work hard to get your case dismissed.

Safeguard Your Future by Talking to Moses and Rooth

At Moses and Rooth Attorneys at Law, we understand how overwhelming a drug charge can be. We have over 40 years of combined experience and provide award-winning advocacy to the people of Florida. Contact us today for a confidential consultation.

Resource List

  • Florida statutes, §893.13, link.
  • 21 USC 829, link.
  • Florida statutes, §893.03, link.
  • Florida statutes, §775.082, link.
  • Florida statutes, §775.083, link.
  • Driver License Suspensions and Revocations: Other Common Suspensions and Revocations, Florida Highway Safety and Motor Vehicles, link
Author Photo

Jay R. Rooth

Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.

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