Legal Question in Criminal Law in California
Need info
What are the laws regarding prescription medications? My husband and I are seperated and his meds came to me instead of him,I kept them.He thinks I sold them however I didnt I told him I did to get him off my back.He daily threatens me hes going to have me arressted for 3-5 years is it possible? How do I handle this please help ASAP
3 Answers from Attorneys
Re: Need info
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Re: Need info
It is illegal to give prescription drugs to another person. Your keeping these medications, is a crime. Selling prescription medications is a more serious crime. Why didn't you just give him the medications when they came?
Re: Need info
Selling prescription medications without a pharmacist's license is a crime, but your statement to your husband will not be enough, by itself, to convict you of that crime. In fact, it will almost certainly not be enough to even get you prosecuted.
This is because of the corpus delecti rule, which (in California, at least) says that the prosecution must introduce some evidence of each element of a crime before it can try to use the defendant's unsworn, out-of-court statement. Unless there is independent evidence that you sold these medications, there really isn't enough to prosecute you for such sales despite your "admission."
On the other hand, you may have committed a crime by keeping his medications when they arrived in the mail. Offhand I do not know what the applicable law might be, but hopefully another LawGuru attorney can offer some guidance.
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