Is it a Crime to Give Your Prescription Medicine to Your Adult Child

[inmom]

My question involves criminal law for the state of: Indiana

I am 68 years old. I have a 40 year old son who has mental and physical disabilities. He is also suicidal and under the care of a phycologist. To make a long story short, I have for years shared my Xanax medicine with him on days that he is having a really hard time. He also has prescriptive medicine from his doctor. however, the Xanax seems to help him on really bad days. Last night in the snowstorm he mistakenly drove thru a grassy area at a CVS store. A policeman saw him and stopped him. Because of his mental capabilities, he thought perhaps he was on drugs since he could detect no alcohol. My son does not drink because of his meds. So they took him to a local hospital and did a drug screen on him. His prescriptive medicine showed up and so did the Xanax I had given him that morning. So they put him in jail. He has a hearing next week.

My question is should i talk to the prosecuting attorney or police and explain to him that the pills were mine, I have a prescription for them, and that i gave them to him? Would this help him beat a charge? Would this put myself in jeopardy for giving them to him and could I be charged? He is a really good kid who just has never gotten a break in life. His mental and physical disabilities have hindered him all his life.

Or should I wait till he has an attorney apponted to him and talk to him about it? I am on social security and he works part time as he can not hold down a full time job.

Thanks.

[Taxing Matters]

My question involves criminal law for the state of: Indiana

My question is should i talk to the prosecuting attorney or police and explain to him that the pills were mine, I have a prescription for them, and that i gave them to him?

No, you should not do that without first talking to your own attorney, not your son’s attorney. And very likely what your attorney will tell you is to keep your mouth shut and not tell the prosecutor anything. You didn’t specify what charges have been filed against him, but telling the prosecutor this almost certainly won’t help your son. Your son knew he had not been prescribed the drug and should not have taken it and should not have been driving under the influence of it whether or not he was prescribed the drug if it impairs his ability to drive.

As for you, transferring your prescription drugs to another person is a federal criminal offense, and may also be a state offense as well. So telling the prosecutor you gave him the Xanax may well expose you to criminal charges. Moreover, if your doctor or pharmacist learn you have been giving out your prescription drug to others they are supposed to stop dispensing you the drug, so you could find yourself without a drug you might need.

Giving someone else your prescription drugs can be dangerous or counter-productive. You are not a doctor and ought not try to treat your son as if you were a doctor. If you think Xanax may help your son, mention that to his doctor (but again, don’t tell them you have been giving him that drug) and if his doctor thinks it would be useful the doctor can prescribe it. I would suggest you stop giving him that drug as sooner or later it may land you in serious criminal trouble even if you escape that this time around.

[flyingron]

To reinforce what TM says, giving out controlled substances (even if you are a legitimate possessor) to someone else is prosecutable the same as if you were selling the drugs on the street corner. As TM points out, there's good reason why only doctors (and certain other medical providers) can prescribe drugs and only pharmacists can dispense. You're not going to convince a legal body that you have good reason to go against the law here.

[inmom]

My son and I went to the same doctor. He was on Xanax. Insurance (marketplace) made him go to another doctor in January. This doctor took him off of Xanax and put him on Cymbalta. My son was having a lot of suicidal thoughts. And he was threatening to take a gun and shoot the neighbors. I thought that it was better to give him one of my Xanax to calm him down until he could get into see his doctor in a few weeks. His driving was not impaired. He had just gotten off of work. It was a white out snow condition and he accidentally drove over a grassy area in a CVS parking lot. He panicked. If I thought that it would save him from killing himself or someone else, I would give it to him again in a heartbeat. Sorry. If that makes me a criminal, then so be it.

The police came to my house and checked my prescription and counted the number of pills in my bottle. There were 2 missing. 1 I took and 1 I gave my son. My son is traumatized from the whole experience. Nothing like this has ever happened to him and as I stated his mental disabilities hinder his thinking process. He is in a highly agitated state thinking he will have to go to jail again or he could possibly get me into trouble. I am afraid of his mental condition at this time. I have called his doctor but it is still 2 weeks until he can get in. Pray to God that nothing happens before then. He is terrified of his initial Court hearing next week and that he could go back into jail. They are charging him with a misdemeanor. I am afraid that he will kill himself.

[flyingron]

It does make you a criminal. We can only deal with legal issues. You had LEGAL and MEDICALLY SOUND ways to help him rather than your arm chair diagnosis and dispensing.

You need a lawyer. You are not capable of taking a dispassionate view of the facts, nor do are you willing or able to understand the legal issues.

[cyjeff]

Which, on a related note, always made me wonder why they haven't prosecuted Bill Cosby for illegally dispensing illegal drugs - a crime he actually admitted doing.

Would keep him off the streets for decades until the sexual assault charges could slam the doors of the prison for good.

[Taxing Matters]

Which, on a related note, always made me wonder why they haven't prosecuted Bill Cosby for illegally dispensing illegal drugs - a crime he actually admitted doing.

Because the statute of limitations (SOL) for that had passed. Rape/sexual assault charges in many states now have very long SOLs which is what allows for prosecutions on those offenses when the SOLs for other crimes are done.

[cyjeff]

Good point... but I haven't heard even ONE talking head say it.

At the very least, from a pile on viewpoint... "Well, no matter what Cosby says, he was still, in effect, an illegal drug dealer for much of the last 20 years".

[Mercy&Grace]

You are not a doctor. You cannot legally give prescription medication to another individual. In addition, Xanax is frequently abused. Your doctor may or may not continue to prescribe you Xanax. Your son's doctor may not prescribe Xanax since he took it illegally. Your son could be flagged as having a drug problem in addition to his other problems.

You have no way of knowing if his driving was impaired. It is against the law to drive under the influence. A person can be charged with impaired driving if they take an over the counter cold medication and they have an accident.

If you were concerned your son might hurt himself or others. You should have taken him to the closest Emergency Room. If/when this happens again. Please take him to the ER. Or contact his doctor

[inmom]

Thank you for your answers. it appears that none of you have ever had a son or family member in these circumstances or are a mother. I respect your opinions.