People worry about the dangers of illegal drugs, but most drug-related deaths involve drugs that are at least sometimes legal. The risk of dying from an acute overdose of acetaminophen is much higher than the risk of dying from an acute overdose of cannabis, but federal law considers cannabis a Schedule I controlled substance, even though New Jersey law regulates its sale and consumption similarly to how it regulates the sale and consumption of alcoholic beverages or tobacco products. Meanwhile, it is perfectly legal for an eighth grader to walk into a supermarket and buy a bottle of Tylenol.
Perhaps the scariest drug of all is fentanyl, the drug responsible for more overdose deaths than any other in recent years, but fentanyl has some very common medical applications, such as being administered during surgery for postoperative pain relief. If you have had your wisdom teeth extracted, the dentist probably gave you fentanyl. New Jersey law recognizes a variety of categories of controlled dangerous substances (CDS), with guidelines for the handling of each. Physicians and pharmacists can receive civil penalties and even criminal charges for improper handling of potentially dangerous pharmaceutical drugs and prescriptions that authorize the dispensing of these drugs.
If you are a doctor, nurse, or pharmacist who is in legal trouble for mistakes involving controlled substances at your workplace, contact the New Jersey prescription drug offense lawyers at the Law Offices of Jonathan F. Marshall.
Which Prescription Drugs Can a Doctor Prescribe?
Upon being licensed to practice medicine, a physician has the right to prescribe Schedule III, Schedule IV, and Schedule V controlled dangerous substances. Nurse practitioners can also prescribe these categories of drugs. Schedule II controlled substances are the most dangerous pharmaceutical drugs, including the opioids fentanyl, hydrocodone, and oxycodone; cocaine is also a Schedule II controlled substance because it can be used as a local anesthetic during eye surgery. Doctors and nurse practitioners must get additional certification for prescribing Schedule II opioids.
Procedures for Transferring and Voiding Prescriptions
Prescriptions are only valid if they are written on official prescription pads, which are very difficult to counterfeit. The prescribing physician must write only one drug in each line on the prescription form. A prescription must be filled within 30 days of its issuance, or else it becomes void. It is possible to transfer a prescription to a different pharmacy when it still has refills remaining, but the pharmacist must write “void” on the front of the prescription and provide complete information on the back about the pharmacy to which the prescription was transferred.
When Controlled Substances Go Missing
Physicians and pharmacies must keep accurate records of the drugs they prescribe and dispense. Theft or rerouting of prescription drugs is a more serious crime than embezzlement or theft of ordinary merchandise from another place of business. If controlled, dangerous substances are missing from your workplace, you should report the suspected theft to a Drug Control Unit. Patients who suspect that prescription drugs have been stolen from their homes should file similar reports.
Safe and Legally Compliant Disposal of Controlled Dangerous Substances
A contributing factor to the opioid epidemic that has raged for more than 20 years is when doctors would issue prescriptions for more opioid pills than a patient needed, and patients would either become addicted to them or sell them for financial gain. Prescribing guidelines are stricter now, but the best way to prevent your leftover prescription drugs from becoming part of the illegal drug supply is to turn them in at a prescription drug takeback day at your local city hall or a police station. If you have a large quantity of drugs at your pharmacy or doctor’s office that you need to dispose of, contact the Drug Enforcement Administration (DEA) for guidance.
It is possible to get in serious trouble for possessing drugs that are technically legal or for providing them to others, even if doing so is part of your job description. For example, doctors who prescribe controlled substances in situations where they are not medically necessary can face criminal charges up to and including drug trafficking. Likewise, stealing a blank prescription pad from your workplace is a serious crime.
Contact an Attorney if You’re in Legal Trouble Related to Prescription Drugs
A prescription drug offenses defense lawyer can help you if you are facing charges for illegal possession or mishandling of controlled, dangerous substances. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
