Could I Go to Jail for Sharing Prescription Drugs?

 Posted on March 26, 2025 in Drug Crimes

Suppose you were given a prescription for hydrocodone after your back surgery, or you have a prescription for Adderall for diagnosed ADHD. It is perfectly legal for you to have these prescription drugs and to use them in the way they were intended to be used. But suppose your niece is at your home one evening, complaining of knee pain after taking a fall while hiking. Or suppose a friend of yours is studying day and night for the bar exam and asks for a few Adderall pills to keep going.

While you may not think twice about either of these situations – you should. Prescription drugs are meant to indicate both regulation and legitimacy for the person they are prescribed for. Prescription drug charges can cover possessing a single pill you have no prescription for to being charged with drug trafficking and distribution for giving a bottle of your prescription meds to another person.

In some instances, the penalties for sharing prescription meds – or being the recipient of prescription med sharing - can be severe. If you are facing prescription drug charges, it is important to speak to a Silver Spring, MD criminal defense lawyer as quickly as possible for the best outcome.

Distribution vs. Trafficking in Maryland

There is a difference in distribution and trafficking for purposes of legal penalties. Distribution is giving one Xanax to your friend. While it is still illegal, it usually warrants only a fine. Trafficking, on the other hand, means that your friend told her friend, who told his friend, and soon you are selling your prescription Xanax to multiple people on a regular basis.

The actual charges and corresponding penalties you could face will depend on what the drug is, whether state lines are crossed, how much money you have received, the quantities of the drug or drugs, and whether you had the intent to sell prescription drugs. Trafficking penalties are obviously much harsher than possession or distribution.

Penalties for Possession or Distribution of Prescription Drugs

Drugs like Adderall, Ritalin, Xanax, Hydrocodone, and many more are considered controlled substances under Maryland law. If you are found in possession of one of these controlled drugs and you do not have a valid prescription, you could face misdemeanor charges and the possibility of up to one year in jail.  The person who gave you the prescription drug could be charged with distribution and could face a misdemeanor or even a felony charge, depending on the drug and the quantity.

If you are selling significant quantities of a prescription drug, you could be charged with trafficking, which is a felony that potentially has penalties of up to 20 years in prison and a fine of up to $25,000. You will also be responsible for court costs and attorney fees, could be placed on probation or house arrest, and could be ordered to attend a drug rehabilitation program.

The Exceptions to the Prescription Medication Laws

One exception to the prescription medication laws in Maryland is in regard to marijuana. If the giver and receiver are 21 or older, marijuana can be exchanged freely so long as no money exchanges hands. Most other drugs could land you in hot water, legally speaking, even small amounts of prescription drugs that you give to another person or receive from another person.   

Maryland does have a Good Samaritan Law that provides criminal immunity when one person helps another who is having a drug or alcohol emergency. The law does not go into detail about how you can specifically help with medication, only that you can help. One example would be that you can call 911 and administer Narcan to save a person’s life. Other drugs are subject to the court’s interpretation.  

Contact a Montgomery County, MD Prescription Drug Lawyer

If you have been charged with a prescription drug offense, the sooner you contact a Silver Spring, MD prescription drug attorney, the better your outcome will be. We are available 24/7 for your convenience and have good relationships with local prosecutors. When it is beneficial for you, we will negotiate a plea deal but will also aggressively litigate your case when warranted. Call 301-589-9500 to schedule your free consultation. We are fluent in Spanish and Arabic.