Facing charges related to prescription drugs can be frightening and confusing. Many people don’t realize that the laws governing controlled substances are as strict as those for illegal street drugs. In Arizona, seemingly minor mistakes, such as carrying pills in a baggie or sharing a painkiller with a friend, can result in serious felony charges.
This article addresses some of the most common questions to help you understand the potential consequences and the importance of building a strong defense.
What Is Considered Illegal Possession of Prescription Drugs?
In Arizona, it is illegal to possess prescription drugs without a valid prescription. What many people don’t realize, however, is that even if you have a valid prescription, you can still face charges. This is true if you are not following the law’s strict requirements.
Is It Illegal to Carry Prescription Drugs Without the Bottle?
While not technically illegal if you can prove a valid prescription, carrying pills outside their original labeled container can lead to arrest or charges, since the pill bottle is the standard proof of lawful possession. You would still need to provide evidence of the prescription, such as a doctor’s note or a photo of the original bottle.
Is It Illegal to Share Prescription Drugs?
Yes. In Arizona, it is a serious crime to share, sell, or give away prescription drugs, even to a friend or family member in need. This offense is much more severe than simple possession. Depending on the circumstances, sharing a prescription drug may result in felony charges.
- Unlawful Distribution: Giving a controlled substance to another person.
- Possession with intent to sell: Having a quantity of drugs that suggests you plan to distribute them.
- Transporting a narcotic drug for sale: Moving a controlled substance with the intent to sell or distribute it.
These charges carry harsher penalties than simple possession. Even if you don’t receive money for the drugs, you can face severe felony penalties, including years in prison. The law does not distinguish between sharing for profit and sharing with a friend, so it’s important to understand that giving away any prescription medication is illegal. An experienced attorney can help defend you against these serious allegations.
Is It Illegal to Mail Prescription Drugs?
Yes, mailing prescription drugs without proper authorization is a federal crime. Only licensed pharmacies, distributors, and practitioners are legally permitted to mail prescription medications. Sending drugs through the U.S. Postal Service or any other carrier without proper licensing and documentation can result in charges from federal agencies, including the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), and the U.S. Postal Inspection Service.
Federal charges often carry more severe penalties than state charges, including lengthy prison sentences and significant fines.
What Are the Penalties for Prescription Drug Offenses?
In Arizona, most prescription drug offenses are classified as felonies. The specific penalty depends on the type and quantity of the drug involved. For a first-time offense of simple possession, Arizona law allows probation and treatment, but penalties can include up to one year in jail or prison, depending on circumstances. However, if you are charged with distribution or possession with intent to sell, you could face years in prison, even for a small amount of medication. A felony conviction can have a lasting impact on your life by affecting your ability to get a job, secure housing, or vote.
To understand the specifics of Arizona’s laws on controlled substances, you can review the official text of A.R.S. § 13-3407 regarding drug possession, manufacture, and administration.
What to Do If You’re Facing a Prescription Drug Charge
If you or a loved one is facing a drug charge in Arizona, seeking legal help immediately is critical. These charges are not something to take lightly, as a conviction can haunt you for the rest of your life. An experienced Flagstaff criminal drug defense attorney can review your case, challenge the evidence against you, and work to reduce or dismiss the charges. They can also help you understand all your options, ranging from plea bargains to taking your case to trial.
If charged with a crime in Northern Arizona, reach out today to see how an experienced Flagstaff lawyer can help, please contact our team today for a free and confidential consultation.