# Is prescription medication sharing illegal if both parties have a prescription? **URL:** \ **Category:** Factual Questions\ **Created:** [September 29, 2013, 10:36pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958 "2013-09-29T22:36:27Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [September 29, 2013, 10:36pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/1 "2013-09-29T22:36:27Z")
Let’s assume non narcotics for the moment, and that neither person is a medical professional. Alice and Betty both have valid, current prescriptions for Albuterol inhalers. Same medication, same dose, same route, etc. They’ve compared them carefully, and they’re absolutely identical. Alice’s inhaler runs out and she needs a new one, but doesn’t get paid for two weeks. Can Betty legally give Alice one of her inhalers? ---
**Author:** ![Claverhouse](https://avatars.discourse-cdn.com/v4/letter/c/13edae/32.png) [@Claverhouse](https://boards.straightdope.com/u/Claverhouse)\ **Post date:** [September 29, 2013, 10:50pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/2 "2013-09-29T22:50:18Z")
Who is going to find out ? And to whom are they going to snitch ? ---
**Author:** ![Digital\_is\_the\_new\_Analog](https://avatars.discourse-cdn.com/v4/letter/d/a88e4f/32.png) [@Digital\_is\_the\_new\_Analog](https://boards.straightdope.com/u/Digital_is_the_new_Analog)\ **Post date:** [September 29, 2013, 11:29pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/3 "2013-09-29T23:29:50Z")
I don’t have any answers here, but one question that _might_ matter is if she has a valid script for a replacement. ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [September 29, 2013, 11:37pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/4 "2013-09-29T23:37:16Z")
> [@Claverhouse](#): > > Who is going to find out ? And to whom are they going to snitch ? That’s not relevant to the question. The OP asked if it is legal. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [September 29, 2013, 11:39pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/5 "2013-09-29T23:39:48Z")
IANAL but I’ll bet that the law simply says that prescription medications are not to be used by anyone other than the named person. I very much doubt that an exception would have been carved out in the law for situations where two people have identical prescriptions. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [September 29, 2013, 11:47pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/6 "2013-09-29T23:47:40Z")
> [@Digital\_is\_the\_new\_Analog](#): > > I don’t have any answers here, but one question that _might_ matter is if she has a valid script for a replacement. Good point. Another way to phrase the question if this caveat is added onto it is whether or not a person with a valid prescription from a licensed physician who gets this prescription filled by an unlicensed pharmacist, knowing that the pharmacist is unlicensed, has committed any offense, as long as the drugs obtained are within the scope of the prescription in terms of quantity and substance. After all, you could say that borrowing Aunt Suzie’s Albuterol inhaler after showing her your prescription is more or less the same thing as filling your prescription out of one of those “mail order Canadian pharmacies” of dubious licensure and with drugs of dubious provenance. ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [September 29, 2013, 11:53pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/7 "2013-09-29T23:53:13Z")
Illegal for sure. Dispensing drugs without paperwork is severely forbidden. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [September 30, 2013, 12:38am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/8 "2013-09-30T00:38:12Z")
Here’s Kansas’ statute > [@](#): > > (a) It shall be unlawful for any person to cultivate, distribute or possess with the intent to distribute any of the following controlled substances or controlled substance analogs thereof: > (1) Opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; > > _A bunch more snipped_ > [@](#): > > ``` > (d) "Distribute" means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. "Distribute" includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. "Distribute" does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, or otherwise authorized by law. > > ``` [http://kansasstatutes.lesterama.org/Chapter\_21/Article\_36a/#21-36a05](http://kansasstatutes.lesterama.org/Chapter_21/Article_36a/#21-36a05) I imagine all the states and Feds are pretty similar. Unless you are a licensed pharmacist, it is illegal to distribute controlled substances. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [September 30, 2013, 12:51am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/9 "2013-09-30T00:51:05Z")
> [@treis](#): > > Here’s Kansas’ statute > > [http://kansasstatutes.lesterama.org/Chapter\_21/Article\_36a/#21-36a05](http://kansasstatutes.lesterama.org/Chapter_21/Article_36a/#21-36a05) > > I imagine all the states and Feds are pretty similar. Unless you are a licensed pharmacist, it is illegal to distribute controlled substances. What do they have to say about not controlled substances? ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [September 30, 2013, 1:13am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/10 "2013-09-30T01:13:14Z")
I haven’t looked up the law, and this involves the mail… In our disease community, one family mailed a prescription drug to another family and got a lovely call from a postal inspector highlighting the illegality of it. The sender raised a defense that the recipient had the same prescription. The postal guy said it doesn’t matter. It was illegal to distribute without proper licensing (e.g., pharmacist). FWIW. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [September 30, 2013, 1:31am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/11 "2013-09-30T01:31:02Z")
> [@Bearflag70](#): > > I haven’t looked up the law, and this involves the mail… > > In our disease community, one family mailed a prescription drug to another family and got a lovely call from a postal inspector highlighting the illegality of it. The sender raised a defense that the recipient had the same prescription. The postal guy said it doesn’t matter. It was illegal to distribute without proper licensing (e.g., pharmacist). FWIW. Here’s an interesting idea. Could you hire a licensed pharmacist as an intermediary to pick up drugs from Bill and “deliver”/dispense the drugs to his Aunt Suzie after verifying that Suzie’s prescription is for the same thing? I understand that licensed gun stores are sometimes used as intermediaries to transfer guns that are being privately sold. E.g. you have a 1911 you don’t want anymore, so you find a willing buyer online who offers you $300 for it. So he puts the money in escrow, then you then take the gun to a local gun store, pay some sort of fee, and tell them to ship it to a gun store near the buyer. The buyer goes in to the gun store near them, possibly pays a fee themselves, goes through a background check performed by the store, and if they pass, picks up the gun. Then you go claim the money from escrow. ---
**Author:** ![Digital\_is\_the\_new\_Analog](https://avatars.discourse-cdn.com/v4/letter/d/a88e4f/32.png) [@Digital\_is\_the\_new\_Analog](https://boards.straightdope.com/u/Digital_is_the_new_Analog)\ **Post date:** [September 30, 2013, 2:10am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/12 "2013-09-30T02:10:17Z")
Thinking some more about this…and still not having any answers myself… We’ve had a bunch of threads explaining that it’s illegal to donate unused drugs to charities. I’m not sure it would be any more legal just because you know the person. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [September 30, 2013, 2:17am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/13 "2013-09-30T02:17:10Z")
> [@WhyNot](#): > > What do they have to say about not controlled substances? Substances that are not controlled would be available without a prescription. ---
**Author:** ![choie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/choie/32/7829_2.png) [@choie](https://boards.straightdope.com/u/choie)\ **Post date:** [September 30, 2013, 4:05am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/14 "2013-09-30T04:05:47Z")
> [@treis](#): > > Substances that are not controlled would be available without a prescription. Nope, not necessarily. While all medications available over-the-counter without a prescription are not considered [controlled](http://en.wikipedia.org/wiki/Controlled_substance) (i.e. strictly regulated by the government, and this includes both illegal and legal medications), many “not-controlled” medications still require a prescription. (BTW I’m talking in the U.S. Countries obviously differ.) Controlled substances are divided into “schedules.” A Schedule I controlled substance is one that the DEA considers without any accepted medical use and a high probability of abuse. LSD, heroin, marijuana, and ecstasy are examples. Schedule II controlled substances have medical uses but are still considered high-risk of abuse/addiction. Certain types of narcotics (morphine, meperedine, oxycodone, etc.) and stimulants (amphetemines of various brands) are included here. Schedule III controlled substances have medical uses and are of moderate risk for abuse/addiction, and many are combos that include either hydrocodone or codeine. Schedule IV controlled substances are basically like Schedule III but are considered lower risk. Here’s where you’ll find most benzos (benzodiazepine, or “downers”), commonly used for antidepressant or antianxiety purposes: diazepam (valium), clonazepam (Klonopin), lorazepam (Ativan) and my all-time favorite, alprazolam (Xanax). 🙂 BUT a vast amount of medications that do not fall under these schedules are still prescription-only: antidepressants like Prozac and Zoloft, beta-blockers for blood pressure treatment (or anxiety) such as metoprolol, diabetes meds like metfornin, and antibiotics such as amoxicillin. In my experience, medications that fall in the “controlled substances” schedules have always been non-refillable and require a doctor’s authorization and a new prescription. Those that don’t are usually refillable (depending on your doctor, the medication, and whatever’s being treated, obviously). Just clearing stuff up. Sorry, nothing to do with the OP. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [September 30, 2013, 4:07am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/15 "2013-09-30T04:07:48Z")
> [@treis](#): > > Substances that are not controlled would be available without a prescription. According to wikipedia, you are technically correct. According to common usage, I’m with **choie**. And it’s not clear to me without a lot more research which usage the linked statue is using. I thank you for the effort, though. ---
**Author:** ![choie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/choie/32/7829_2.png) [@choie](https://boards.straightdope.com/u/choie)\ **Post date:** [September 30, 2013, 4:55am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/16 "2013-09-30T04:55:10Z")
> [@WhyNot](#): > > According to wikipedia, you are technically correct. According to common usage, I’m with **choie**. And it’s not clear to me without a lot more research which usage the linked statue is using. I thank you for the effort, though. There’s a statue dedicated to prescription medicine? Modern art these days, I dunno… 😃 The official usage according to the [DEA](http://www.deadiversion.usdoj.gov/schedules/). Honestly I don’t see how **treis** is technically correct, even if that is the best kind of correct. I think he’s the opposite of that. “Controlled” has a very specific meaning when it comes to prescription medication. (I feel really weird debating this with a nurse, but…) Just looking at the Wikipedia article I linked, note the two bolded phrases (my bolding): > [@](#): > > A controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated by a government. Controlled substances are substances that are the subject of legislative control. This **may include** illegal drugs and prescription medications (designated Controlled Drug in the United Kingdom).[1] > > In the U.S., the DEA is responsible for suppressing illegal drug use and distribution by enforcing the Controlled Substances Act. Some precursor chemicals used for the production of illegal drugs are also controlled substances in many countries, even though they may lack the pharmacological effects of the drugs themselves. Substances are classified according to schedules and consist primarily of potentially psychoactive substances. **The controlled substances do not include many prescription items such as antibiotics.** So in other words, while some (legal) controlled substances are prescription-only, not all prescription-only drugs are controlled. Ooh here, my own state’s health department has a good series of definitions. From [the New York State Department of Health](http://www.health.ny.gov/professionals/patients/medicines/): > [@](#): > > **Over-the-Counter (OTC) Medicines** - OTC drugs are available at any pharmacy without a prescription. Like prescription drugs, they are safe when used according to package direction or when following a medical professional’s recommendations. OTC medicines, including sleep aids such as doxylamine (Unisom), antihistamines such as diphenhydramine (Benadryl) and dimenhydrinate (Dramamine), and cough supressants containing dextromethorphan (DXM), have been abused for their psychoactive effects. > > **Prescription Medicines** - Prescription Medicines are pharmaceutical preparations that can only be obtained through a practitioner’s prescription that is dispensed by a pharmacist. Prescription medicines can be divided into 2 categories: Controlled Substance Medications and Non-Controlled Substance Medications. > > - **Controlled Substance Medications** - Controlled substance medications are prescribed to treat medical conditions such as pain, anxiety, and attention-deficit disorder. However, these medications also have the potential to cause patient harm if used improperly. For the purpose of safety and security, prescriptions for controlled substances are subject to limitations in the amount of medication that can be prescribed and dispensed. Examples include: oxycodone (ie; Percocet®), diazepam (ie; Valium®), and methylphenidate (ie; Ritalin®). > > - **Non-controlled Substance Medications** - Non-controlled substance medications are prescribed to treat medical conditions such as high blood pressure, diabetes, and bacterial infections. Prescriptions for non-controlled substances are not subject to some of the same limitations as controlled substance prescriptions. Examples include: metoprolol (ie; Lopressor®), metformin (ie; Avandamet®), and amoxicillin (ie; Augmentin®). For more information on non-controlled prescription medicines, please see the New York State Board of Pharmacy’s Web site. ---
**Author:** ![Hirka\_T\_Bawa](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Hirka\_T\_Bawa](https://boards.straightdope.com/u/Hirka_T_Bawa)\ **Post date:** [September 30, 2013, 6:19am UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/17 "2013-09-30T06:19:24Z")
I am not a lawyer, only a pharmacist, so I don’t know the absolute legal answer to the OP, but here is my thoughts. First, in practicality, in the scenario presented by the OP, I don’t think anyone would care enough to raise an issue of it, especially with a normal rescue inhaler. However, if someone REALLY wanted to raise a stink, I’m sure they would be able to find a statue to charge someone under. Since I know Georgia law best, (and know where to find it), I could see someone using [O.C.G.A 26-3-8](http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=O.C.G.A.+%25A7+26-3-8) > [@](#): > > § 26-3-8. When a drug or device deemed misbranded > (a) A drug or device shall be deemed to be misbranded: > [SNIP] > (11) If it is a drug intended for use by man which: > [SNIP] > (C) Is limited by an effective application under Section 505 of the federal act to use under the professional supervision of a practitioner licensed by law to administer such drug unless it is **dispensed** only: > > ``` > (i) Upon a written prescription of a practitioner licensed by law to administer such drug; > > (ii) Upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist; or > > (iii) By refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. > > ``` Key word being “dispense” which is defined under [O.C.G.A 26-4-5](http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=O.C.G.A.+%A7+26-4-5) > [@](#): > > (10) “Dispense” or “dispensing” means the preparation and delivery of a drug or device to a patient, patient’s caregiver, or patient’s agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. So… if you “give” the drug to another person, the drug is even misbranded, and you are guilty of distributing a misbranded drug, or, you dispensed the drug without a license, and most likely without doing the required steps to “dispense” something, especially the strict labeling requirements. So, I would say in Georgia, it is illegal, though there might be other loop holes in the law, and/or your state may vary. > [@treis](#): > > Substances that are not controlled would be available without a prescription. While **choie** gave a good answer to this already, she left a few “key” words out. Mainly “Legend Drug”. There are multiple federal laws when it comes to medication, and different agencies that enforce and rule on them. The two major ones are the FDA and the DEA. The FDA is in charge of making sure medication is safe and effective. They will approve a medication to be allowed on the market, and will even classify it as one of two things; an Over the Counter medication which means that the average person can self-treat themselves with it safely, and doesn’t require the oversight of a doctor; or, they can make it a Legend Drug, which means that the public can NOT safely treat themselves with the medication, and it requires the oversight of a doctor to prescribe it. The DEA on the other hand is in charge of controlled substances, and they certain medications in one of the five controlled drug schedules (Which **choie** already went over). So, there are four possible options, controlled and legend (Morphine, Xanax, etc), controlled and OTC (Robitussin AC), non-controlled and legend (blood pressure drugs, diabetes drugs, antibiotics, etc), and non-controlled and OTC (Tylenol, Benadryl, Advil, etc). Hope that clears some things up. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [September 30, 2013, 12:25pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/18 "2013-09-30T12:25:05Z")
I suppose it was illegal, but once my wife and I were out of town for a few days and she had forgotten to bring along her blood pressure pills, while I had extra. They were the same prescription and I never gave it a second thought while I gave her a few. She returned them after we got home. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [September 30, 2013, 1:08pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/19 "2013-09-30T13:08:07Z")
> [@choie](#): > > There’s a statue dedicated to prescription medicine? Modern art these days, I dunno… 😃 > > The official usage according to the [DEA](http://www.deadiversion.usdoj.gov/schedules/). > > Honestly I don’t see how **treis** is technically correct, even if that is the best kind of correct. I think he’s the opposite of that. “Controlled” has a very specific meaning when it comes to prescription medication. (I feel really weird debating this with a nurse, but…) Yes, you’re right. I got confused by the “prescription” wording in that sentence last night and conceded ground erroneously. They forgot to give me my “Perfectly Right At All Times” pin in nursing school. I think it went out with the capping ceremony in the mid-80s. . This is an entirely pedantic question, I assure everyone. It came up at a staff meeting as something that everyone knows is illegal, and it occurred to me that no, I don’t really know that, I’ve just always heard that. Of course, I’m not going to call the cops if I find out a person is sharing their rescue inhaler. Neither, however, will I suggest that people share meds, even with prescriptions on both sides. But me being me, I tend to want to find out if things everyone knows are in fact true. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [September 30, 2013, 2:15pm UTC](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958/20 "2013-09-30T14:15:46Z")
> [@Hari\_Seldon](#): > > I suppose it was illegal, but once my wife and I were out of town for a few days and she had forgotten to bring along her blood pressure pills, while I had extra. They were the same prescription and I never gave it a second thought while I gave her a few. She returned them after we got home. Which brings us to the next question - again - how would they know? If I put a bunch of my pills into your pill bottle, unless they are visibly different -who would tell? What if I add 10 of my pills to your remaining 5 in the bottle? Does the inhaler have the pharma label with name stuck on the “bottle”? With an inhaler maybe they can trace batch numbers and chase down which pharmacist dispensed them. (Is it illegal to peel off the sticker with the name?) If you go on vacation and pour Mr. and Mrs. Seldon’s pills into the same pillbox for convenience, are they committing a crime if Hari happens to take one of the pills that came from his wife’s bottle? Of course, if Alice does not have a refill on her prescription, technically she is not legally eligible to possess the inhaler. [Next page](https://boards.straightdope.com/t/is-prescription-medication-sharing-illegal-if-both-parties-have-a-prescription/669958.md?page=2)