Misbranding a controlled substance usually takes place in Internet pharmacies but it can also occur in a brick-and-mortar Pittsburgh store or on the streets. Misbranding means that you sold a drug that had false or misleading information on its label.
In Pennsylvania, if you misbrand an illegal drug, you can be charged with felony misbranding a controlled substance. It is also against state law to sell a drug with inadequate warnings or without adequate directions for its use.
How Misbranding a Controlled Substance Can Impact Your Life
Misbranding a controlled substance is punished with prison for up to one year and fines up to $5,000 for a first offense.
However, the extent of the penalties for drug offenses in Pennsylvania depends on factors that include the amount and type of drugs involved, whether a weapon was present, what your criminal record looks like, and other elements.
Your driver’s license will be suspended for six months for a first offense, one year for a second offense, and two years for a third offense.
If convicted, your criminal record will make it very difficult to get a job, maintain your current job, obtain a security clearance, be eligible for financial aid, or have custody of your children.
What Pennsylvania Law Says About Drugs
The adulteration/misbranding of a controlled substance (first, second, and subsequent offenses) is a statutory class misdemeanor with an offense gravity score of 4 and prior record score points of 1/3.
Steps To Take If You Have Been Charged
If you have been charged with a drug offense, your first step should be to immediately hire a drug attorney. An experienced attorney will have worked with the prosecutors handling your case many times before. They can draw on their relationships and understanding of the local court system to lessen or dismiss your charges.
Don’t talk to the police or prosecutors unless your attorney is with you.
Your lawyer will go over what happened both before and after your arrest. Importantly, he or she will assess whether there was probable cause to charge you with a crime. This includes determining if the drugs were really mislabeled by you.