Legal Question in Criminal Law in California

Is it against the law

I heard it is aganist the law to sell your left over pain medicine viciodin is this so? what is the charges and what kind of sentence does it have?


Asked on 7/09/04, 11:44 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Is it against the law

Vicodin contains oxycodone, a Schedule III controlled narcotic, and as such it is a violation of both State and Federal Law to sell it or give it away unless you are a medical doctor or other health care provider possessing a license from the U.S. Drug Enforcement Administration to prescribe or dispense Schedule III controlled substances.

As with all drug dealing, the probability that you would be arrested and/or prosecuted depends on the quantity involved as well as your skill, if any, in finding a buyer who is not an undercover law enforcement officer. Since you are not a doctor, you are not qualified to determine whether or not the person to whom you provide Vicodin will suffer harmful side effects from taking it. If the person dies or suffers harm, for example becoming involved in an auto accident, you could be sued and/or charged with crimes up to and including manslaugher. Any sentence would depend on factors such as the harm caused (if any), the quantity of drugs, and whether you sold to someone under 18. It's just not worth it. You might want to consider hanging on to 'em, because you might have pain again someday. I say this cautiously, because I'm not even sure it's legal to keep your lawfully obtained Vicodins after you recover from whatever illness or injury caused your doctor to prescribe them.

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Answered on 7/10/04, 12:45 am
Terry A. Nelson Nelson & Lawless

Re: Is it against the law

Well, duh. You would be guilty of felony sales of prohibited drugs without prescription, just like the street corner crack salesman.

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Answered on 7/12/04, 1:14 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is it against the law

Only licensed pharmacists and health care providers can legally sell (or even give away) prescription medications. The punishment for a violation depends upon not only what the medication is but also how much of it is involved.

The reason some medications require prescriptions is that they can harm people who use them incorrectly or who have certain medical conditions. An unauthorized seller of such drugs can be prosecuted not only for the sale but also for whatever harm the medication causes. If your customer dies or suffers serious injuries, you will have a long time in prison to reflect upon your actions.

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Answered on 7/11/04, 6:51 pm


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