Spartanburg Prescription Drug Lawyer

It seems as if having prescription drugs should not be a criminal offense. However, the state’s drug code has several penalties for prescription drug offenses, which a drug attorney can help explain. For example, if you have prescription drugs without a valid prescription or if you keep your pills in any container other than the one your pharmacy provides, you may violate one of these drug laws without realizing it.

Even giving a friend one of your painkillers may be considered a crime. The law does not distinguish between giving someone a pill because you are being nice or selling drugs because you are a trafficker. If you find yourself facing drug charges, you need legal advice from our Spartanburg prescription drug lawyer.

What Are Prescription Drug Crimes?

Prescription drugs are any narcotic or drug that you cannot buy off the shelf or over the counter and that must be ordered by a physician. According to South Carolina Code of Laws § 44-53-360, these laws do not permit anyone to transfer these drugs to anyone else unless they are a licensed physician or pharmacist. This includes giving spare medicine to a friend or family member.

Other prescription drug crimes under state law include:

• Possession without a valid prescription, including an expired prescription, of oxycodone, fentanyl, or codeine is a felony, and all other drugs are misdemeanors
• Prescription fraud, such as forging a prescription or using a prescription signed in blank where the doctor did not fill in the top, is a misdemeanor with penalties of up to two years in jail
• Doctor shopping by going to different doctors with different symptoms or fake identification to get additional prescriptions can be a felony, as they must keep records of patients who receive scheduled narcotics
• Theft of a controlled drug from any location is a felony with a possible sentence of up to 10 years in prison.

It is illegal to carry medication in any container other than the orange bottle used by the pharmacy. However, if you can present a valid prescription, you may not be charged for this offense. Our attorney can help assess your prescription drug issue in Spartanburg.

Other Prescription Drug Laws

All medical practitioners in the state must prescribe most drugs via electronic prescription. Doctors will no longer give patients a written prescription to take to a pharmacy. Only if a doctor or patient has a compelling reason to need a written prescription will they be granted a waiver.

Doctors must also verify a patient’s history before prescribing opioids. The Prescription Monitoring Program (PMP) is statewide and designed to protect both doctors and patients from prescription abuse. Failing to use the PMP can result in criminal and professional sanctions for medical professionals. Our lawyer can help clarify these other prescription drug laws for your case in Spartanburg.

Get Legal Advice From a Prescription Drug Attorney in Spartanburg

Many people use prescription drugs every day and never think about these details. However, the laws surrounding prescription drug use are almost as strict as those for illegal narcotics. If you use prescription opioids or other Schedule I or II drugs, you may violate these laws without realizing it. In that case, you need legal advice from our Spartanburg prescription drug lawyer.

With offices based in Greenville and servicing cities in South Carolina and beyond, the attorneys at Ellis Hinton, LLC, can help you with your prescription drug case, no matter what the situation may be. We know the state and federal drug laws as defense attorneys and former prosecutors. Call us for a free and confidential consultation about your case today.