When people think of drug crimes prosecuted under state and federal laws, they typically assume these cases involve illegal drugs. However, doctor's offices or medical clinics that sell legal prescription drugs for non-medical purposes are referred to "pill mills" and can also be subject to prosecution.

Article 178 of New York Penal Law contains multiple statutes relating to the criminal diversion of prescription medications and prescriptions. A criminal diversion act is defined as an act or acts in which a person knowingly does any of the following:

transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it

receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device

transfers or delivers a prescription in exchange for anything of pecuniary value

receives a prescription in exchange for anything of pecuniary value

This offense has four different classifications:

Criminal diversion of prescription medications and prescriptions in the fourth degree, New York Penal Law § 178.10 - Class A misdemeanor punishable by up to one year in jail

Criminal diversion of prescription medications and prescriptions in the third degree, New York Penal Law § 178.15 - Class E felony if value of the benefit exchanged is in excess of $1,000 or alleged offender has been previously convicted of criminal diversion of prescription medications and prescriptions in the fourth degree, punishable by up to four years in prison

Criminal diversion of prescription medications and prescriptions in the second degree, New York Penal Law § 178.20 - Class D felony if value of the benefit exchanged is in excess of $3,000, punishable by up to seven years in prison

Criminal diversion of prescription medications and prescriptions in the first degree, New York Penal Law § 178.25 - Class C felony if value of the benefit exchanged is in excess of $50,000, punishable by up to 15 years in prison

Additionally, it is important to understand that people accused of operating so-called "pill mills" can also be subject to federal charges that may include allegations such as federal drug conspiracy, drug trafficking, money laundering, or health care fraud. A conviction on federal charges can result in an even lengthier prison sentence as well as substantial fines, loss of medical licensing, and possible asset forfeiture.

Innocent doctors or pharmacists can sometimes find themselves accused of these types of crimes as part of a much wider fraud investigation. It is important to determine the strength of the evidence against alleged offenders, as there may be issues with the credibility of certain witnesses or other mitigating factors that can result in charges being reduced or dismisses.

Rochelle S. Berliner is the founder of the Law Office of Rochelle S. Berliner in Queens, New York. Her experience includes a dozen years in the Office of the Special Narcotics Prosecutor for the New York County District Attorney's Office, and she now defends clients against all types of drug crimes in Nassau County, Suffolk County, Westchester County, all five boroughs of New York, and Federal Court in the Eastern and Southern Districts.

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