Selling prescription medicine as opposed to heroin or cocaine might not seem like a big deal, but the authorities in New York treat these offenses harshly.
The laws involving prescription medications are stringent and the penalties upon a violation can be severe. It serves your best interests to understand the law, especially if accused of selling prescription drugs.
Charges and possible repercussions
The consequences of selling prescription drugs vary depending on the type and quantity of the substance involved. In New York, it can lead to various criminal charges, from misdemeanors to felonies, as detailed below:
- Fifth-degree sale of controlled substances: A Class D felony involving smaller drug amounts, which can result in up to 7 years in prison
- Fourth-degree sale of controlled substances: A Class C felony involving larger quantities or higher schedule drugs and punishable by up to 15 years in prison
- Third-degree sale of controlled substances: A Class B felony involving significant quantities or more dangerous drugs, with prison sentences approaching 25 years
- Second-degree sale of controlled substances: A Class A-II felony involving extremely large quantities and punishable by potential life sentences and substantial fines
The sale of a controlled substance in the first degree is a Class A-I felony, which is the most severe charge. It involves the largest quantities and the most dangerous substances, often resulting in life imprisonment and heavy fines.
Depending on the situation, defenses might be lack of knowledge, unlawful search and seizure and constitutional violations, to name just a few. You may think a defense against selling prescription drugs is out of reach, but with the right representation, you could achieve a favorable outcome.