Introduction
Many people assume that if a doctor prescribed them a medication, they can use it freely without legal concern. However, in North Carolina, misusing a prescription drug—even one prescribed to you—can lead to criminal charges. In fact, prescription drug misuse is one of the fastest-growing causes of drug-related arrests in the state.
If you’ve been arrested for possession or misuse of prescription medication in North Carolina, it’s important to understand the laws, your rights, and how to build a strong legal defense.
What Is Prescription Drug Misuse?
Prescription drug misuse involves using medication in a way that is not prescribed, such as:
- Taking a higher dose than prescribed
- Using someone else’s prescription
- Combining prescription drugs with alcohol or illegal substances
- Selling, giving away, or sharing your prescription
- Forging prescriptions or doctor’s notes
While you may not think of this behavior as criminal, North Carolina law treats it similarly to other drug offenses—especially when controlled substances are involved.
Common Prescription Drugs Involved in Arrests
Certain classes of prescription drugs are more commonly misused and thus more likely to lead to arrests:
- Opioids (Oxycodone, Hydrocodone, Morphine)
- Benzodiazepines (Xanax, Valium, Ativan)
- Stimulants (Adderall, Ritalin)
- Muscle relaxers (Soma, Flexeril)
These drugs are classified as controlled substances under both federal and North Carolina state law. That means illegal possession or distribution can lead to felony charges, not just minor infractions.
Legal Penalties for Prescription Drug Misuse in NC
Prescription drugs fall under the North Carolina Controlled Substances Act, which mirrors federal drug classifications. Penalties vary depending on:
- The type and amount of drug
- Whether you had intent to distribute
- Prior criminal history
- Whether the drug caused harm (e.g., DUI, overdose)
Here’s a general breakdown:
Possession Without a Prescription
- Misdemeanor or felony charge
- Jail time ranging from 1 month to several years
- Fines of several thousand dollars
- Probation, community service, or drug education
Possession with Intent to Sell or Distribute
- Felony charge
- Prison sentences up to 10 years or more
- Heavier fines
- Permanent criminal record
Learn more at the North Carolina General Assembly website for controlled substance laws.
Can You Be Arrested If You Have a Prescription?
Yes—having a prescription does not make you immune to arrest if:
- The prescription is not in your name
- You possess more than the allowed amount
- The medication is stored improperly (e.g., loose pills in a bag)
- You’re driving under the influence of the medication
- You’re suspected of distribution or intent to sell
Even if you have a legitimate prescription, you must carry the medication in its original labeled container. Police officers may treat unlabeled or unmarked pills as a red flag.
Can You Be Charged If You Took Someone Else’s Medication?
Absolutely. Taking or even holding medication prescribed to someone else can result in:
- Possession of a controlled substance
- Drug trafficking (if large quantities are found)
- Prescription fraud if false statements were used to acquire it
Even if you took the medication for pain or anxiety, the law considers this unauthorized possession, which is a criminal offense.
DUI and Prescription Drugs in NC
Driving under the influence of prescription drugs—whether legally or illegally obtained—can result in a DWI (Driving While Impaired) charge.
North Carolina law defines impairment as any condition that makes you unable to operate a vehicle safely, even if caused by a legal substance. This includes:
- Opioids that cause drowsiness
- Anxiety medication that slows reaction time
- Sleep aids like Ambien or Lunesta
A DWI conviction can lead to:
- License suspension
- Mandatory substance abuse programs
- Jail time and fines
- Increased insurance premiums
For more, visit the North Carolina Department of Motor Vehicles DWI section.
Prescription Fraud: A Serious Felony
Prescription fraud occurs when someone uses false information, altered documents, or impersonation to obtain controlled medications.
Examples include:
- Altering a prescription amount
- Forging a doctor’s signature
- Using a stolen prescription pad
- Calling in fake prescriptions
In North Carolina, this is a Class I felony, punishable by 3–12 months in prison, fines, and a permanent criminal record.
Defense Strategies for Prescription Drug Charges
An experienced criminal defense attorney can help you build a defense that may result in reduced charges, diversion programs, or case dismissal.
Common defenses include:
- You had a valid prescription
- You were unaware the substance was controlled
- The pills belonged to someone else and were planted
- Law enforcement conducted an illegal search or seizure
- The medication was in legal possession but misidentified
Every case is unique, and the sooner you contact a lawyer, the better your chances of a favorable outcome.
First-Time Offenders: Are There Alternatives?
Yes. North Carolina courts may offer deferred prosecution or drug diversion programs for first-time offenders.
These alternatives may include:
- Probation
- Drug education classes
- Substance abuse treatment
- Community service
Successful completion can lead to dismissal of charges and potential expungement from your record.
Learn more about these programs at NCCourts.gov.
What to Do If You’re Arrested for Prescription Drug Misuse
- Do not make any statements to police without an attorney
- Document your prescription records and medical history
- Avoid posting about your case online
- Contact a qualified North Carolina criminal defense lawyer
At Martine Law, we have helped individuals protect their rights in drug-related cases—whether the arrest involved opioids, anxiety meds, or other controlled prescriptions.
Final Thoughts
Prescription drug misuse charges in North Carolina are serious. Even if your intentions were harmless or medically motivated, the law does not make exceptions lightly.
If you’re facing charges for prescription drug possession, DUI, or fraud, don’t wait. An experienced attorney can help you understand your options and pursue a strategy that protects your freedom and future.
Schedule a confidential consultation with Martine Law to get started.