Can You Be Charged for Letting Someone Use Your Prescription in PA?

Under state law, it is illegal to share, give away, or allow someone else to use your prescription drugs, especially controlled substances like painkillers, ADHD medications, or anti-anxiety pills. If you're under investigation or already charged, here’s what you need to know—and how a criminal defense attorney can help.

Why Sharing Prescription Drugs Is Illegal

Prescription medications are regulated under both federal and state drug laws. Many common prescriptions—like oxycodone, Xanax, Adderall, and Valium—are classified as controlled substances under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act.

It is illegal to:

• Possess a controlled substance without a valid prescription

• Give, share, or deliver prescription drugs to anyone who is not the patient named on the prescription

• Allow someone to take your medication, even once, without medical authorization

Even if no money is exchanged, these actions can be prosecuted as unlawful possession or delivery of a controlled substance.

Common Medications That Can Lead to Charges

• Oxycodone, Percocet, Vicodin (painkillers)

• Adderall, Ritalin (ADHD medications)

• Xanax, Ativan, Klonopin (anti-anxiety/benzodiazepines)

• Ambien, Lunesta (sleep aids)

• Codeine or promethazine cough syrups

These drugs are often targeted by police and prosecutors because of their high abuse potential.

Potential Charges and Penalties

Letting someone use your prescription—or having someone else’s meds—can result in several charges, depending on the circumstances:

🔹 Possession of a Controlled Substance – 35 P.S. § 780-113(a)(16)

• Misdemeanor

• Up to 1 year in jail and a $5,000 fine for a first offense

🔹 Possession With Intent to Deliver (PWID) – § 780-113(a)(30)

• Felony

• If prosecutors believe you gave or intended to give someone a pill, you may be charged with distribution

• Penalty: Up to 15 years in prison and a $250,000 fine

🔹 Delivery of a Controlled Substance

• Even if you gave it away for free

• Treated the same as drug trafficking under Pennsylvania law

Can You Be Arrested for One Pill?

Yes. In Pennsylvania, just one tablet or capsule can be enough for a drug possession or even a felony PWID charge—if prosecutors believe you handed it to someone else or carried it for their use.

For example:

• Giving a friend an Adderall pill to help them study

• Sharing a few Xanax tablets with a stressed-out coworker

• Letting a family member take one of your leftover pain pills

All of these could be grounds for arrest and prosecution.

How a Criminal Defense Attorney Can Help

If you're charged or being investigated, your lawyer will:

✅ Challenge the evidence—Was there proof you intended to share the medication?
✅ Question the legality of the search—Was the pill bottle seized legally?
✅ Argue lack of intent—Did you know it was unlawful or did you misunderstand the law?
✅ Negotiate reduced charges—From felony to misdemeanor or summary offense
✅ Fight for pretrial diversion—Like ARD or drug treatment instead of conviction

In many cases, especially for first-time offenders, your attorney can help avoid jail and protect your record.

Can These Charges Be Expunged?

Yes—if:

• You complete a diversion program like ARD

• Your case is dismissed or withdrawn

• You are found not guilty

Convictions for drug possession typically cannot be expunged without a pardon, so avoiding a conviction is key.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

A well-meaning decision to share a prescription could turn into a life-altering criminal charge. With over 30 years of experience defending drug cases in Philadelphia and throughout Pennsylvania, Mark D. Hauser knows how to challenge weak cases, negotiate favorable outcomes, and protect your future.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.