According to the U.S. Food and Drug Administration (FDA), some drugs can be dispensed to the public. However, these drugs are required to have a “legend drug” that prohibits the sale of the drugs without prescription from a valid doctor. That means no one can sell or buy drugs without a legend drug.
legend drug is also known as a prescription drug. Legend drugs are those drugs that can only be dispensed to the general public by a licensed physician. Hence it is a crime to possess a legend drug without a prescription from a licensed doctor. You can end up in jail for simply possessing a legend drug. Hence it is very important to understand what these legend drugs are and the laws surrounding them
Remember dentists and medical practitioners can prescribe you a legend drug. But medical assistants, nurses midwives, and psychologists have no authority to do the same.
Different Types of Legend Drugs:
There are different types of legend drugs and many are classified into various categories. There is Schedule I legend drugs that contain heroin and LSD etc. Schedule II drugs consist of narcotics and morphine. Schedule II drugs are more susceptible to be abused by drug addicts as compared to Schedule V or I legend drugs. Legend drugs can be narcotic or non-narcotic.
These drugs are not regular medicines. So, don’t worry, you don’t need a prescription to get an aspirin if that was the case we would all be in jail.
Legend Drug Laws in Louisiana:
Various laws govern the distribution and possession of legend drugs in Louisiana.
Louisiana RS 40:1060.13 – Prescription Required to Possess a Legend Drug:
If anyone possesses a legend drug without a prescription in Louisiana then they could be arrested for a misdemeanor. They can end up with 6 months in jail and a fine of $500.
Louisiana RS 40:1060.12 – Legend Drug Imprint:
According to the law of Louisiana, no one can sell or buy any legend drug in the solid-state from any distributor or manufacturer unless there a code imprint on the dosage bottle or form a code imprint. This code imprint can identify the distributor or manufacturer of the drug. If it is not the case then the manufacturer or distributor can be arrested for a felony. They can be fined up to $25,000 and put in prison for 5 years.
Louisiana RS 40:1060.14 – Invalid Prescription by Doctor:
If a physician prescribes a legend drug for some invalid reason then he could be arrested for a felony. He could easily end up in jail for 5 years. A doctor must prescribe a drug for a legitimate medical purpose. The doctor could receive severe punishment if he is aware that the patient is a drug addict but still gives a prescription. Such doctors will be facing prison and other charges.
A pharmacist who fills a prescription just based on an electronic questionnaire can be questioned and punished. A pharmacist is not allowed to dispense a prescription if he knows a physician did not prescribe it. If he filled the prescription despite knowing that a valid physician did not prescribe it, he’ll be punished. A pharmacist that violates the law can be sent to jail for more than 5 years and fined up to $5000.
We understand that it is not the case that always people are trying to sell or distribute legend drugs. Sometimes people end up in possession of legend drugs because of the carelessness of the rightful owner who might have forgotten the drug in the car or house of the defendant. Sometimes people end up buying legend drugs as they have no clue that they are illegal.
Anyway if you are ever arrested with legend drugs in your possession, you would need to hire a drug attorney immediately. It is not wise to face the law alone since laws in Louisiana are very strict and severe. It is advised to hire an experienced drug attorney like Carl Barkemeyer who will contrive a defense for you so that you can walk away blameless from the charges.