“Legend drugs” are drugs which are required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only. Washington law makes it a crime for people to try and obtain these substances in several different ways (for example, by fraud or forgery of a prescription).
Obtaining a legend drug in violation of Washington law is a felony offense (as opposed to a misdemeanor) that can lead to a state prison term of up to 10 years. Please contact a skilled criminal defense attorney now if you are facing a charge of any type of drug crime.
What is Washington’s Law on Legend Drugs?
RCW 69.41.020 is Washington’s main statute involving legend drugs. Per this law, you commit a crime if you try to obtain a legend drug by means of:
- Fraud, deceit, or misrepresentation,
- Forging a prescription or any written order,
- Concealing a material fact, or
- Using a false name or giving a false address.
Legend drugs are classified by drug schedules, which are determined by each drug’s likelihood of addiction.
A few examples of legend drugs include:
- Augmentin (amoxicillin/clavulanate),
- Coumadin (sotalol),
- Viagra (sildenafil), and
- Xanax (alprazolam).
What are the Penalties?
Attempting to obtain a legend drug in any of the above ways is a Class B felony. The crime is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a legend drug charge with a legal defense. Entrapment is a common defense in these cases, and it is often raised when an accused is charged following an undercover police sting. The defense says that you only committed a crime because a police officer lured you into doing so. It is an acceptable defense provided that you show that you only tried to obtain a legend drug because of the entrapment.
Your criminal defense attorney can also try to show that the police violated your rights, maybe by:
- Arresting you without probable cause,
- Coercing a confession, or
- Conducting an unlawful search and seizure.
If any of the above, your criminal defense lawyer can move to have your charges reduced or dismissed.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a legend drug charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of controlled substance charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
