Columbus Prescription Drug Defense Lawyers

What are common prescription drug crime charges in Ohio?

Chapter 2925 establishes the different types of drug crimes in Ohio. Generally, possession of any controlled substance in Ohio is illegal unless the drug was properly prescribed by an authorized physician. Controlled substances are classified as Schedule I, II, III, IV, or V drugs. Schedule I drugs are the most serious and Schedule V drugs are the least serious. Most crimes involving drugs are felonies; a few are misdemeanors.

Some of the common criminal charges in prescription cases include the following:

The person who obtains the drugs used deception to acquire the drugs. Section 2925.22 – Deception to obtain a dangerous drug: provides as follows:

No person, by deception, shall procure the administration of, a prescription for, or the dispensing of, a dangerous drug or shall possess an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug.

If the person possesses an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug or if the drug involved is a dangerous drug, except as otherwise provided in [the statute], deception to obtain a dangerous drug is a felony of the fifth degree.

Obtaining drugs through deception can be a more serious felony if the defendant has a prior drug offense conviction or a felony of the fourth degree conviction. There are additional penalty considerations (which can increase the severity of the Columbus prescription crime) if the drug “is a compound, mixture, preparation, or substance included in schedule I or II, with the exception of marijuana.”

Larger amounts of the drug can also result in the drug offense being upgraded to a more serious offense. Possession of an uncompleted preprinted blank prescription form can also result in a loss of driving privileges for up to five years, including commercial driver’s licenses.

Illegal processing of drug documents. Ohio law generally makes it illegal to:

• “Knowingly make a false statement in any prescription, order, report, or record required” by law.
• “Intentionally make, utter, or sell, or knowingly possess any of the following that is a false or forged:
  • A prescription
  • An uncompleted preprinted prescription blank used for writing a prescription
  • An official written order
  • A license for a terminal distributor of dangerous drugs
  • A license for a manufacturer of dangerous drugs, outsourcing facility, and other entities.
• Acquire by theft a prescription, an uncompleted preprinted prescription blank used for writing a prescription, and other documents.
• “Make or affix any false or forged label to a package or receptacle containing any dangerous drugs.

A conviction of this offense is generally a felony of the fifth degree (which can be upgraded) and will result in a loss of driving privileges for up to five years.

Illegal dispensing of drug samples. In Ohio, it is a crime to “knowingly furnish another a sample drug.” Some exceptions for pharmacists, licensed doctors, and others may apply – if certain conditions are met. This crime is generally either a misdemeanor of the first degree, a felony of the fifth degree or a felony of the fourth degree. Convictions can also result in a driver’s license suspension for up to five years.

Forging the signature of a physician or others who are authorized to prescribe medications is also a crime. Ohio does permit residents who have a proper card to obtain medical marijuana from an authorized physician.

Ohio also has laws that govern when doctors and other healthcare professionals can use telemedicine to prescribe medications, as opposed to seeing patients in person to write a prescription.

The federal government also has laws that make many prescription transactions illegal. The US Drug Enforcement Agency is usually involved in the prosecution of federal prescription drug offenses brought in and near Columbus.