Illegally Selling Prescription Medication

ANSWER.  The seriousness of a state law criminal charge for selling medication usually depends on the type of medication sold.  Various narcotics, barbiturates, and other drugs with high potential for abuse are known as controlled substances, and they are classified in “schedules,” according to their potential for harm.  While simple drug possession is often a misdemeanor, at least for the first offense, trafficking in a controlled substance, or some similar variation, is generally a felony charge.  The more serious the schedule of the drug involved, the more serious the felony charge generally is.  Even if you simply gave the drug away, you may be found guilty of the very same crime as someone who sold the drug for a profit; most state laws make it a crime to “transfer” the drug, and a transfer need not be for profit.  Similarly, you can be charged with federal drug trafficking charges if you’ve crossed state lines for the purpose of selling medication, or possibly even for using interstate telephone lines in furtherance of the plan to sell your medication.  A criminal defense attorney can best advise you how to proceed if you’ve been charged, or believe that you are about to be charged, with a crime for selling prescription medication.