Mailing medication is an increasingly common commercial practice. Older adults who do not drive and people in rural communities without access to well-stocked pharmacies may rely on mail-order prescription services to obtain their medication. Many people also choose mail-order pharmacies for cost savings, as they can be more affordable than traditional pharmacies.
There are safety regulations in place to ensure that people don’t abuse mail-order medication services. Generally speaking, the patient must provide identification to the company offering medication delivery. They also need a valid prescription from a licensed physician. Many times, people work with delivery pharmacies located in the same state as them to avoid any legal complications and ensure prompt delivery.
Neighbors, family members and others who are aware of the medication a person takes might intentionally intercept their mail to access their medication. In those scenarios, a person accused of misappropriating medication could be at risk of federal or state criminal charges.
What charges are possible?
Depending on the circumstances, those accused of stealing prescription medication from the mail could face either federal or state charges. State charges based on claims of mail theft are possible. Texas prosecutes mail theft based on the number of victims, which might mean that stealing the medication of one person only leads to a Class A misdemeanor charge.
The defendant could also face possession of a controlled substance, which could be a felony charge depending on the type of medication involved. The penalties possible depend on the substance and the amount of medication a person steals.
Other times, such as when the pharmacy is located in another state, federal prosecution might occur. Mail theft as a federal offense is a much more serious crime than state mail theft. The penalties include up to five years in federal prison and fines of as much as $250,000. The federal government can also pursue possession or distribution of a controlled substance. The amount and type of drug then determine the specific charges in penalties.
Those accused of stealing medication from the mail may need help responding to those charges and minimizing the penalties they’re facing. Retaining the support of a criminal defense attorney is often necessary when facing either state or federal charges related to the theft of prescription medication from someone’s mailbox, porch, etc.