NYS Law
Prescription & OTC Drug Use or Abuse
for Adults & Minors
Michelle Accardi, B.A.
“The most effective tool we
have to fight substance abuse—
including cough medicine
abuse—is education at the
community level.”
General Arthur Dean
Chairman & CEO
Community Anti-Drug Coalitions of
America
Federal Law of Controlled Substances
Controlled Substances Act (CSA):
Enacted into law by Congress under the
Comprehensive Drug Abuse Prevention
and Control Act of 1970
 Policy under which the manufacture,
importation, possession, use, and
distribution of certain substances is
regulated
 Overseen by the DEA, FDA, and HHS

Schedules of CSA:
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A “controlled substance” (CS) is any drug
or other substance, or immediate
precursor, included in schedule I through V

Does not include distilled spirits, wine, malt
beverages, tobacco, or caffeine.

Each schedule requires a specific “potential
for abuse”
Schedule I
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The substance has a) high potential for abuse; b)
no currently accepted medical use in treatment in
the US; c) lack of accepted safety use of the
substance under medical supervision.
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No prescriptions may be written and substances are
subject to production quotas by the DEA
Sentences for first time, non-violent offenders convicted of
trafficking these can turn into de facto life sentences when
multiple sales are prosecuted in one proceeding.
Sentences foe violent offenders are much higher.
Schedule I
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GHB
Marijuana
Heroin
Ecstacy (MDMA)
LSD
Peyote/Mescaline
Psilocybin (mushrooms)
Various strong and weak
opiods
Schedule II

The substance has a) high potential for
abuse; b) is currently accepted for medical
use in treatment; c) potential for severe
psychological or physical dependence.
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Requires a prescription that cannot be refilled.
Varied in potency and in nature.
Schedule II
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Cocaine (as a topical
anesthetic)
Ritalin, Concerta, Focalin,
Adderall
Opium
Methadone
Oxycodone, codeine,
hydrocodone
Morphine
Amphetamines
Schedule III

The substance has a) potential for abuse less that
those in schedules I and II; b) is currently
accepted for medical use in treatment; c) potential
for moderate to low physical dependence or high
psychological dependence.
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Requires a prescription that may not be filled or refilled
after 6 months; may not be refilled more than 5 times
within 6 months unless renewed by practitioner.
Schedule III
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Anabolic steroids
Buprenorphine
Ketamine
Hydrocodone/codeine
(when compounded
with ibuprofen or
Tylenol)
Marinol
LSA
Schedule IV

The substance has a) low potential for abuse
relative to those in schedule III; b) is currently
accepted for medical use in treatment; c) potential
for limited physical or psychological dependence
relative to those in schedule III.
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Requires a prescription that may not be filled or refilled
after 6 months; may not be refilled more than 5 times
within 6 months unless renewed by practitioner.
Schedule IV
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Benzodiazepines
“Z drugs”
Phenobarbital
Stimulant-like drugs
Antidiarrheal drugs
Schedule V
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The substance has a) low potential for
abuse relative to those in schedule IV; b) is
currently accepted for medical use in
treatment; c) potential for limited physical or
psychological dependence relative to those
in schedule IV.
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Requires a prescription.
May not be distributed or dispensed other than
for a medical purpose.
Schedule V
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Cough suppressants
Pregabalin
Some antidiarrheals
Scheduling Exceptions:
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Dextromethorphan (DXM)
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Exempt from scheduling under
original CSA.
Noted by DEA to be abused
recreationally as a dissociative
anesthetic similar to PCP or
Ketamine.
Listed as a “chemical of concern”
and considered for possible
evaluation for scheduling
New York State Law
Prescription Drug Monitoring Program
(PDMP):
As of January
2010, 34 states
have operational
PDMP’s that have
the capacity to
receive and
distribute CS
information to
authorized users.
Status of State Prescription Drug Monitoring Programs
VT
ME
WA1
MT
ND
OR
MN
ID
MI
WY
NE
NV
UT
CO
CA
AZ
KS
OK
NM
NY
WI2
SD
IA
IL
OH
WV
VA
KY
MO
NC
TN
SC
AR
MS
TX
IN
PA
NH
MA
RI
CT
NJ
DE
MD
AL
GA
LA
AK
FL
HI
States with operational PDMP’s
States with enacted PDMP legislation,
but program not yet operational
© 2009 Research is current as of June 30, 2009.
NYS Official Prescription Program
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Located within the Department of Health
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Kenneth Post, Acting Director, Bureau of Narcotic Enforcement
4,498 pharmacies DEA or CS registered
83,887 Practitioners authorized to prescribe controlled
substances
Monitors Schedule II, III, IV, V drugs
19.5 million Rx records collected in 2008
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Data is collected once per month from pharmacies and
practitioners
Article 33 (New York State Controlled
Substances Act)
Prohibited acts.
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1. It shall be unlawful for any person to
manufacture, sell, prescribe, distribute,
dispense, administer, possess, have
under his control, abandon, or transport
a controlled substance except as
expressly allowed by this article
2. It shall be unlawful for any person to
possess or have under his control an
official New York state prescription
form except as expressly allowed by
this article.
Article 33: Mandated Reporting
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Addicts or habitual users of any narcotic drugs
Incidents or alleged incidents of theft or possible
diversion of any CS manufactured, ordered, distributed,
or possessed
Charges or proceedings brought in any court or before
any governmental agency (state or federal) in which it is
alleged that the employee has failed to comply with the
law
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Result: Revocation of licensure or certificate of DEA
authorization, in whole or in part, by the Commissioner
In lieu of revocation, the commissioner may impose a civil
penalty not in excess of $10,000
No communication between patient and practitioner for issues pertaining to any CS will be
considered confidential (includes prescribing, administering, treating, etc.)
NYS Penal Law
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Culpability
Classification of
Offenses
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Felonies
Misdemeanors
Violations
Felony
Misdemeanor
Fines
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Individuals
Corporations
Multiple fines
Violation
NYS Penal Law
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Class B misdemeanors:
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False Personation
Knowingly misrepresenting own name,
date of birth, or address to a police
officer with the intent to prevent them
from ascertaining such information.
NYS Penal Law
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class A misdemeanors:
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Criminal possession of a CS in the 7th degree.
Criminally possessing a hypodermic instrument.
Criminally using drug paraphernalia in the 2nd
degree.
Criminal possession of methamphetamine
manufacturing material in the 2nd degree.
Criminal diversion of prescription medications
and prescriptions in the 4th degree.
NYS Penal Code
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class E felonies:
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Use of a child to commit a CS offense.
Criminal injection of a narcotic drug.
Criminal possession of precursors to a CS.
Criminal possession of methamphetamine manufacturing
material in the 1st degree.
Criminal possession of precursors of methamphetamine.
Unlawful disposal of methamphetamine laboratory
material.
Criminal diversion of prescription medications and
prescriptions in the 3rd degree.
NYS Penal Law
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class D felonies:
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Criminal possession of a CS in the 5th degree.
Criminal sale of a CS in the 5th degree.
Criminally using drug paraphernalia in the 1st
degree.
Unlawful manufacture of methamphetamine in
the 3rd degree.
Criminal diversion of prescription medications
and prescriptions in the 2nd degree.
NYS Penal Law
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class C felonies:
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Criminal possession of a CS in the 4th degree.
Criminal sale of a CS in the 4th degree.
Criminal sale of a prescription for a CS.
Unlawful manufacture of methamphetamine in
the 2nd degree.
Criminal diversion of prescription medications
and prescriptions in the 1st degree.
NYS Penal Law
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class B felonies:
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Criminal possession of a CS in the 3rd degree.
Criminal sale of a CS in the 3rd degree.
Criminal sale of a CS in or near school grounds.
Unlawful manufacture of methamphetamine in
the 1st degree.
NYS Penal Law
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class A-II felonies:
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Criminal possession of a CS in the 2nd degree.
Criminal sale of a CS in the 2nd degree.
class A-I felonies:
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Criminal possession of a CS in the 1st degree.
Criminal sale of a CS in the 1st degree.
Summary of Penal Law
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Criminal possession of a CS ranges from a Class A misdemeanor to a Class A-I felony.
This felony depends on the substance, the weight of the substance in possession, the
intent to sell or use unlawfully, or previous conviction of a relevant crime. The
sentences intensify as the “degree” of the crime gets closer to the 1st degree.
Criminal sale of a CS ranges from a Class E felony to Class A-I felony. This also
depends on the substance, weight of the substance, and previous conviction of a relevant
crime.
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Note: For criminal possession or sale in the 5th degree the intent to sell or manufacture a
CS is irrelevant, because the weight of the substance alone can justify the crime as a
Class D felony.
Criminal Diversion refers to knowingly transferring, delivering, or receiving a Rx
medication or device, in exchange for anything of pecuniary value. This can range
from a Class A misdemeanor to a Class C felony.
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The individual may or may not have knowledge or reasonable grounds to know that the recipient has
no medical need for it; or that the seller or transferor is not authorized by law to sell or transfer such
prescription medication or device. The degree of the crime intensifies as the monetary benefit of the
exchange increases, or when the individual has been convicted of a relevant crime in the preceding 5
years.
can find additional information in the “Resources” handout.
Summary of Penal Law
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Criminal sale of Prescription by a practitioner, that goes against professional
practice, is considered a Class C felony.
Sale or attempted sale of CS in violation of this article using a child less than 16 to
conceal the CS on or about the body or directs, forces, or otherwise requires the
child to sell or attempt to sell or offer assistance in the sale to a third party, is
considered a Class E felony.
Knowingly and unlawfully possessing a CS and intentionally injecting, by means of
syringe or needle, all or a portion of the drug into another’s body, with or without
consent, is considered a Class E felony.
Possession of a certain precursors of controlled substances, including
methamphetamines, at the same time and with or without equipment, under the
intent to manufacture unlawfully, ranges from a Class A misdemeanor to a Class B
felony.
Rockefeller Drug Law Reform2
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Signed on October 7, 2009 by Governor
Patterson
Gives judges more discretion about
sentencing and diverting
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2
first-time drug offenders
Addicted persons
Non-violent offenders
Individuals eligible for probation
Bill adopted by NYS Legislature as part of 2009-2010 State Budget.
Dextromethorphan (DXM):
Bills
 1. Limits the access
of any products
containing DXM to a
person under the age
of 18.
Proposed in 2009 to the Higher Education Committee. Contact the
National Alliance for Model State Drug Laws (703) 836-6100
Example 1
A pharmacy technician is caught and prosecuted
for stealing opiates in several instances, and
has intent to sell.
This person may be charged with:

Criminal possession of a CS in the 3rd degree
(class B felony).
Example 2
Suppose an individual obtains a prescription from his
physician for 40 tablets of Percocet 2.5mg/325mg then
presents it to his pharmacist but has changed the 40 to
140 or changed the 2.5 mg to 12.5 mg.
That person could be charged with:
Forgery in the 2nd degree for altering the Rx.
Criminal possession of a CS if they obtained the Rx.
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If not, attempted criminal possession of a CS.
Example 3
An 18 year old college student exchanges a prescription
for Ritalin for a half gallon of vodka.
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This person may be charged with:
Criminal diversion of a prescription in the 4th degree (class A
misdemeanor)
If the value of the benefit exchanged is in excess of $1000
the crime becomes diversion in the 3rd degree
(class E felony).
It’s illegal.
Getting prescription drugs
without a prescription, called
"diversion" is illegal and may
put you at risk for arrest and
prosecution.
Regardless of how you acquire
a prescription medication,
using these types of drugs
without a valid prescription
— one written for you — is
unsafe and illegal.
Brief Report:
Adolescent Rx and OTC Use
in Broome County
As measured by the Prevention
Needs Assessment (PNA)
2004, 2006, & 2008
PNA measures:
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Other Narcotics
Sedatives
Amphetamines
Tranquilizers
Steroids
Methamphetamines
Other Narcotics:
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“On how many occasions (if any) have you
taken narcotics other than heroin (such as
methadone, opium, morphine, codeine,
Demerol, Vicodin, OxyContin, and
Percocet) without a doctor telling you to
take them?”
Percent of Students Using Other
Narcotics
8
7
6
30 Day Other
Narcotics
5
4
Lifetime Other
Narcotics
3
2
1
0
2006
2008
Other Narcotics (2008)
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Lifetime
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8th Grade: 2.7% KYDS, 4.5% MTF
10th grade: 10.2% KYDS, 10.7% MTF
12th grade: 15.7% KYDS, 13.4% MTF
Past 30 Day
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8th Grade: 1.3% KYDS, 1.1% MTF
10th grade: 5% KYDS, 3.9% MTF
12th grade: 7.9% KYDS, 3.8% MTF
Sedatives:
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“Sedatives, including Barbiturates, are
prescribed by doctors to help people relax
or get to sleep. They are sometimes called
downs or downers, and include
Phenobarbital, Tuinal, Nembutal, and
Seconal…
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On how many occasions (if any) have you taken
Tranquilizers, without a doctor telling you to take
them?”
Percent of Students Using Sedatives
8
7
6
5
30 Day Sedative
4
Lifetime Sedative
3
2
1
0
2006
2008
Sedatives (2008)
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Lifetime
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8th Grade: 4.6% KYDS, 9.2% MTF
10th grade: 10% KYDS, 14.8% MTF
12th grade: 9.5% KYDS, 15.2% MTF
Past 30 Day
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8th Grade: 2.3% KYDS, 3% MTF
10th grade: 4.1% KYDS, 4.6% MTF
12th grade: 4.4% KYDS, 4.6% MTF
Amphetamines:
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“Amphetamines have been prescribed by doctors
to help people loose weight or give people more
energy. They are sometimes called uppers, ups,
speed, bennies, dexies, pep pills, and diet pills.
Amphetamines do NOT include over-the-counter
diet pills (like Dexatrim) or stay awake pills (like
No-Doze), or any mail-order drugs…
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On how many occasions (if any) have you taken
Tranquilizers, without a doctor telling you to take them?”
Percent of Students Using
Amphetamines
7
6
5
4
30 Day Amphetamines
3
Lifetime Amphetamines
2
1
0
2006
2008
Amphetamines (2008)
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Lifetime
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8th Grade: 2.4% KYDS, 7.3% MTF
10th grade: 8.2% KYDS, 11.2% MTF
12th grade: 9.5% KYDS, 12.4% MTF
Past 30 Day
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8th Grade: 1.4% KYDS, 2.1% MTF
10th grade: 3.7% KYDS, 3.5% MTF
12th grade: 4.9% KYDS, 3.7% MTF
Tranquilizers:
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“Tranquilizers are sometimes prescribed by
doctors to calm people down, quiet their
nerves, or relax their muscles. Librium,
Valium, Xanax, are all tranquilizers…
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On how many occasions (if any) have you taken
Tranquilizers, without a doctor telling you to take
them?”
Percent of Students Using
Tranquilizers
4
3.5
3
2.5
30 Day Tranquilizers
2
Lifetime Tranquilizers
1.5
1
0.5
0
2006
2008
Tranquilizers (2008)
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Lifetime
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8th Grade: 2.1% KYDS, 4.3% MTF
10th grade: 4.9% KYDS, 7.2% MTF
12th grade: 5.6% KYDS, 10.3% MTF
Past 30 Day
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8th Grade: 1.1% KYDS, 1.3% MTF
10th grade: 1.9% KYDS, 2.4% MTF
12th grade: 2.1% KYDS, 2.7% MTF
Steroids:
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“Steroids, or anabolic steroids, are
sometimes prescribed by doctors to
promote healing from certain types on
injuries. Some athletes, and others, have
used them to try to increase muscle
development…

On how many occasions (if any) have you taken
steroids, without a doctor telling you to take
them?”
Percent of Students Using Steroids
2
1.8
1.6
1.4
1.2
30 Day Steroids
1
Lifetime Steroids
0.8
0.6
0.4
0.2
0
2006
2008
Steroids (2008)
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Lifetime
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8th Grade: 0.8% KYDS, 1.6% MTF
10th grade: 2.5% KYDS, 1.8% MTF
12th grade: 1.9% KYDS, 2.7% MTF
Past 30 Day
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8th Grade: 0.5% KYDS, 0.5% MTF
10th grade: 1.6% KYDS, 0.6% MTF
12th grade: 0.6% KYDS, 1.1% MTF
Methamphetamine:
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“On how many occasions (if any)… have
you used methamphetamine (meth, speed,
crank, crystal meth) by any method?”
Percent of Students Using
Methamphetamines
2
1.5
30 Day
Methamphetamine
1
Lifetime
Methamphetamine
0.5
0
2006
2008
Methamphetamine (2008)
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Lifetime
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8th Grade:0.8% KYDS, 1.8% MTF
10th grade: 1.8% KYDS, 2.8% MTF
12th grade: 1.6% KYDS, 3.0% MTF
Past 30 Day
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8th Grade: 0.5% KYDS, 0.6% MTF
10th grade: 0.5% KYDS, 0.4% MTF
12th grade: 0.5% KYDS, 0.6% MTF
Adult Use

Estimates from New Horizons indicate that 80%
of admissions into a detoxification program in
the last year were involving abuse of
prescription medications, both individually
prescribed and bought on the street.
Acknowledgements…
•Terry Cole, LMSW, CASAC
•Katie Cusano, MA, CASAC
•Melinda Kmetz, BA
•Stephen Lisman, PhD
•Paul Burnett, JCPD
•Patrick Foley, Pharm D.
•Kim Newell, City Drug Court
•Steven Ferri, Office of the DA
For more information, visit us online: www.kydscoalition.org