Protecting Your Future And Your Liberty

The unexpected legal dangers of sharing prescription medication

On Behalf of | May 29, 2025 | Criminal Defense

Prescription medications are specifically tailored to treat a patient’s medical condition. Doctors carefully consider their unique health profile, weight and medical history before prescribing these drugs. While safe for the patient, certain components can be hazardous to others.

What many people don’t realize is that sharing even a single prescription pill with a family member or friend isn’t just medically risky — it’s legally dangerous. For controlled substances like opioids and benzodiazepines, this can result in serious criminal charges under both Texas and federal law.

Giving it away can count as drug distribution

Under Texas law, sharing your prescription medication with someone else — even without payment — can lead to drug distribution charges. The Texas Health and Safety Code classifies many prescription medications as controlled substances, including:

  • Opioid painkillers (e.g., oxycodone, hydrocodone, morphine)
  • Benzodiazepines (e.g., Xanax, Valium, Klonopin)
  • Stimulants (e.g., Adderall, Ritalin)
  • Sleep medications (e.g., Ambien, Lunesta)
  • Muscle relaxants (e.g., Soma)

Simply handing these pills to someone can be considered “delivery” under Texas law. You don’t need to sell it or profit; giving it away for free is just as illegal. An intent to help rather than profit does not provide a legal defense.

Penalties for this offense

The severity of charges depends on the type and amount of medication shared, ranging from a state jail felony to a first-degree felony for certain medications like opioid painkillers. While you might view sharing as a helpful gesture, law enforcement views it as illegal distribution of a controlled substance — the same legal category as drug dealing.

Minimum penalties for less serious cases typically include 180 days to two years in a state jail facility. However, higher-level felonies (such as distribution of Schedule I or II controlled substances like oxycodone or fentanyl) can result in 2-99 years in prison and fines up to $250,000.

Generally, the lower the schedule number (e.g., Schedule I and II substances have the highest potential for abuse), the more severe the penalties.

Even just one pill is a risk

Sharing a single pill is not too minor for legal trouble. Texas law has no minimum amount for drug charges. Even one pill can lead to a felony and a permanent criminal record.

Don’t risk your future. You should avoid illegal distribution of medication to protect your rights and freedom. In case you’re facing drug distribution charges, consider consulting with a criminal defense attorney who can help with your case.