I need legal precedent that shows that it is illegal to pass prescription pills from one person to another.?

Question

Here is the kicker, the person that passed the prescription pills was a M.D. and he was given the meds from someone (not his patient) to someone that also was not, in a non-professional arena. Also he was not the person that prescribe the meds.

Answer 1

This is black and white in the Controlled Substances Act. Look in 21 USC Sec. 829 01/22/02 (or just follow the link below). To quote:

"Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance ... may be dispensed without a written or oral prescription..."

If you are getting a drug that requires a prescription, and you are getting it without a prescription and not directly from the person who would give you a prescription, then it is illegal. And you could be prosecuted for it, though the FDA seldom does.

The wrinkle in your case is that a doctor is handing it out to someone else. If he COULD have written a prescription for it, then it would be okay. But if he's handing it to someone who is not his patient or to whom he otherwise couldn't prescribe then he's out of luck.