Husband Gave Tramadol to a Coworker

My question involves criminal law for the state of: California

I have also posted this in a forum where I was only able to get the take of one person on it, so I am also posting here as I am worried)

My husband was trying to be nice to a coworker who had been suffering with a headache and gave him one of his prescription Tramadol. I have done some research and the drug is not on the Federal or State listings of Controlled Substances. As such, it is my understanding that he did nothing criminal by giving the person the medication. And that possession of the drug even without a prescription is not illegal in CA. (Don't get me started on whether or not it was stupid). The person ended up going to the doctor the next day where he did tell the doctor about the Tramadol...but the doctor saw no ill effects from the drug. In fact, the person was told to cut back on sodium.

As it is not a controlled substance, I just wanted to verify that there will be no legal repercussions for him giving the coworker the pill.

Also, if there are any repercussions (or even possible ones) here is the rest of the pertinent info:
1. My husband has a current and legal prescription for the drug
2. My husband has a completely clean criminal record
3. The total amount given to the coworker was 1 (one) 50mg pill
4. Mu husband did not ask for or receive any money for the pill.

Can someone please put my mind at ease on the likelihood of him getting in trouble for this? (Other than by me?)

Actually, you folks in CA seem to have little respect for distribution laws. He violated Federal drug laws, by giving away a prescription medication.

It is a violation of Federal law to give ANYONE ANY prescription medication that was not prescribed for that person.

Sorry, I can't put your mind at ease. It was a prescription drug. Your husband gave it to someone for whom it had not been prescribed. Therefore, he CAN get in trouble for it. Whether he WILL or not, I don't know.

If that is the case, why is it listed as unscheduled and why is the federal warning missing from the side of the prescription bottle. According to the federal government and state of CA, the drug is unscheduled. So, if the drug is not mentioned in the federal or state law, how it is illegal? I am not saying it is not, I am just trying to figure it out...

While not specifically a criminal offense in CA, he adopts some very serious civil liability for providing someone else HIS prescription medication. Plus, it is not entirely beyond the realm of possibility that he could be arrested for providing this to someone else ... at least until it gets sorted out.

Best bet: Do NOT provide this to someone else as your husband does NOT know that person's medical condition and it could have dire consequences. If the friend wants it, he can go buy it himself.

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Quoting thebunny

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If that is the case, why is it listed as unscheduled and why is the federal warning missing from the side of the prescription bottle. According to the federal government and state of CA, the drug is unscheduled. So, if the drug is not mentioned in the federal or state law, how it is illegal? I am not saying it is not, I am just trying to figure it out...

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Because he could give someone a few antibiotics - not scheduled, just prescribed - and that would fall under the same umbrella.

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Quoting cdwjava

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While not specifically a criminal offense in CA, he adopts some very serious civil liability for providing someone else HIS prescription medication. Plus, it is not entirely beyond the realm of possibility that he could be arrested for providing this to someone else ... at least until it gets sorted out.

Best bet: Do NOT provide this to someone else as your husband does NOT know that person's medical condition and it could have dire consequences. If the friend wants it, he can go buy it himself.

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Completely agree.

Thanks for the answer. I was more worried at this point about the criminal possibilities. And by not beyond the realm of possibility, do you mean it is still possible he will be arrested, if it comes to that, and the charges dropped once it is sorted out that it is not a controlled substance? And, as it was one pill, what are the chances of that even happening? I am not trying to minimize it, it was wrong, but I want to know the realities.

He really did not understand why it was such a big deal. Not an excuse, but he spent most of his life without insurance so he sort of grew up getting antibiotics, etc through friends. I told him that he now has insurance and lives a different life...and not to do it.

Thanks for your time.

Yes, it is possible that he could be arrested. All the officer might know is that there is a pill and a prescription involved and that can be enough to support an arrest. After further investigation, he'd likely be released, but he could be detained or even booked for a while before it's sorted out.

Best bet, do NOT give medication to anyone!

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Quoting cdwjava

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Yes, it is possible that he could be arrested. All the officer might know is that there is a pill and a prescription involved and that can be enough to support an arrest. After further investigation, he'd likely be released, but he could be detained or even booked for a while before it's sorted out.

Best bet, do NOT give medication to anyone!

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I completely agree with you. And have told him so. In my research, I found the DEA page on the drug stating that it is not scheduled in CA or Federally, and the bottle also lacks the warning that sharing it violates Federal Law. Would it be a good idea for him to have that with him just in case?

Also, so I know, how common is it that a person in a situation like my husband is actually arrested for something like this, with this set of circumstances? And, what would be required in order for there to be an actual arrest? My husband has the pills and a valid prescription. The coworker has already taken the pill. So, and I am not trying to be difficult I am genuinely curious, what would have to happen in order for either of them to get into trouble/arrested/ the police called and actually respond? Could a coworker call and say "Last Thursday, Bob gave Jim a prescription pill and I saw it" Would that be enough?

Also, let's recall, if the boss catches wind of this type of thing one or two of the involved employees could find themselves reclassified as former employees.