Last Updated on July 2, 2025
Many people mistakenly believe that prescription drug abuse is safer and less legally risky than using illegal street drugs, but using prescriptions is just as dangerous and illegal as abusing street drugs. Some of the most commonly abused prescription medications, including Morphine, Adderall, Vicodin, Fentanyl, and Oxycontin, have effects similar to street drugs like methamphetamine and heroin. If you have been accused of illegally using, selling, or distributing prescription drugs in San Diego, please contact a skilled criminal defense attorney like Peter M. Liss.
What Are Prescription Drug Crimes?
Using any controlled substance without a valid prescription is against the law, but for the most part, taking your cousin’s unused antibiotics to avoid going to the doctor isn’t going to get you in legal trouble. Generally, those charged with these drug crimes are those using controlled substances to get high and those obtaining the substances using fraud or theft.
Getting Medications Without Prescriptions
There are many ways to obtain these drugs without a valid doctor’s prescription. While some people are charged with using these drugs without a valid prescription, it is more common that they are arrested and charged for the way they got the drugs. Though some people buy the medications from dealers, this form of drug abuse is frequently facilitated through:
- Using stolen prescription pads
- Breaking into pharmacies
- Impersonating a physician
- Committing insurance fraud
- Lying to a doctor about a non-existent condition, often even visiting multiple doctors in a type of prescription fraud known as doctor shopping
Many people who obtain pills through these illegal means also sell these drugs to others. As a result, this drug crime is often charged along with fraud, theft, or possession for sale, making it even more critical you work with a top San Diego prescription drug crimes lawyer if you are charged with any of these charges.
Medical Professionals Are Also Charged
In addition to users and dealers, doctors, nurses and others involved in the medical profession can be charged with prescription drug crimes because these people occasionally directly sell these drugs or fraudulently provide means to obtain them (such as prescription-for-cash schemes). Medical professionals convicted for illegally providing prescription drugs to users not only face prison sentences and fines but can also lose their professional licenses.
Defenses to Prescription Drug Offenses
It is possible to fight these charges successfully, but always speak with your San Diego prescription drug lawyer before speaking to the police. Law enforcement officials have ways of tricking people into saying things that can be used as a confession. While a skilled San Diego criminal defense attorney can sometimes get confessions thrown out in drug cases, it’s best to avoid saying anything that can harm you in the first place.
Like all drug offenses, a common defense for these crimes is to claim that evidence was obtained through illegal search and seizure. If you willingly allowed the police to search your property though, this defense may not work, which is why you should only permit searches of your property with your criminal attorney present.
Even if prescription drugs were discovered on your property though, the prosecution must be able to prove that they were under your control. If, for example, San Diego police found prescription opiates in a common area of your living room and you have a roommate, your prescription drug attorney may be able to claim that the drugs belonged to your roommate, not you.
You May be Eligible for Alternative Sentencing
California law allows diversion from prosecution for some prescription drug offenses but not others. Those facing misdemeanor offenses, especially those for simple drug possession, are the most likely to qualify. However, members of the military, juveniles, and those with mental health issues may qualify for specialty diversion programs that would not otherwise be available to those facing felony drug charges.
In other cases, those convicted for these charges may be subject to alternative sentencing such as community service or GPS monitoring, so consult with your prescription drug crimes attorney before going to court.
Driving Under the Influence of Legal Drugs
Even people who have obtained their prescriptions through legal means and use them according to their doctor’s directions can still be convicted of a crime if they operate a vehicle under the influence of a prescription that impacts their driving abilities. Because it is often difficult to prove whether or not a drug was impacting a person’s ability to drive, speak with a criminal defense attorney as soon as possible.
If you have been accused of illegally possessing any prescription drug, please call (760) 643-4050 or (858) 486-3024 today to schedule a free consultation with top defense lawyer Peter M. Liss.
