Criminal Sale of a Prescription for a Controlled Substance

The scourge of prescription drug abuse has reached epic proportions in recent years, a fact which has not gone unnoticed by state legislators in New York. In an effort to help curb this growing problem, a statutory prohibition against Criminal Sale of a Prescription for a Controlled Substance, New York Penal Law 220.65, has been enacted and carries with it strict penalties for those who are convicted.

New York Controlled Substance and Drug Crimes

If you are facing allegations of this kind, now is the time to obtain aggressive, knowledgeable legal representation in order to fight for your freedom and protect your good name.

According to the National Institute on Drug Abuse, part of the National Institutes of Health (NIH), the dilemma of prescription drug abuse in the United States has reached alarming levels, with people from all demographic groups using medications in dangerous manners for which they were not intended.

Some of the most commonly abused prescription drugs include:

• Hydrocodone/Vicodin
• Fentanyl
• Meperidine/Demerol
• Oxycodone/OxyContin
• Hydromorphone/Dilaudid
• Diazepam/Valium
• Alprazolam/Xanax
• Amphetamines/Adderall

While each of these preparations can provide substantial benefits to patients who use them correctly and according to a valid prescription, when taken by individuals who do not use them properly, they can mimic the effects of illicit drugs and cause serious harm. As a result, the Legislature has taken active steps to stem the tide of prescription drug abuse and its ancillary societal impact.

In an attempt to combat prescription drug abuse, New York has enacted Penal Law 220.65. According to this statute, it is illegal for a dentist, physician, veterinarian, podiatrist, scientist or other individual licensed to authorize the use of controlled substances to sell a prescription or actual controlled substance for any reason other than one stemming from good faith execution of their professional duties.

New York Controlled Substance Sentencing Guidelines

The offense is designated as a class C felony, carrying the potential for up to nine years of incarceration, with a minimum of one to five and one-half years for a first time offender.

Monetary fines following conviction can reach upwards of $15,000. These penalties are in addition to periods of probationary supervision, post release supervision, and the very real possibility of suspension or revocation of professional licenses.

Fighting back against the potentially devastating consequences of conviction on a charge of this nature can feel like a daunting task. However, there are often several valuable strategies available in such cases which can prevent the devastation a conviction is virtually certain to bring.

It may be possible for a skilled attorney to argue that the prescription at issue was written for a valid medical purpose or that it was written in good faith furtherance of professional duties without knowledge of the recipient's intent to sell it.

The ramifications of conviction of engaging in the criminal sale of a prescription for a controlled substance speak for themselves in terms of lengthy imprisonment and costly fines. However, the often irreparable damage to professional prospects, community standing and ability to move forward with life in a productive manner must not be overlooked. If you are facing charges in this realm, there is no room for delay in securing the help of a zealous legal defense practitioner.

Call the New York Prescription Drug Sale Attorneys and Former Manhattan Prosecutors at (212) 312-7129 or contact us online today.