Is Sharing Prescription Drugs a Crime? HS 11352 Laws in California

June 24, 2026 | Nafiz M. Ahmed

Many people are surprised to learn that sharing prescription medication, even with family or friends, can lead to criminal charges and being a defendant. In California, a prescription is for the person it is written to, and prescription drugs aren’t meant to be passed along to anyone else.

Is It Illegal To Take Someone Else’s Prescription Medication?

Yes, taking medicine that wasn’t prescribed to you is unlawful under California law. This applies even if you’re just borrowing a few pills or if someone gives you their unused medication. As minor as it may seem, possession or use of prescription drugs without an appropriate prescription is against the law.

The same goes for if you’re sharing your own prescription with someone else. This can be something as simple as giving opioid painkillers to a friend or letting a friend have ADHD medication to stay awake and study for a test.

What Does Health & Safety Code 11352 Prohibit?

Under California Health & Safety Code 11352, it’s a crime to do any of the following with a controlled substance (which includes most prescription medications with a potential for abuse):

Sell it
Provide or furnish it
Administer it
Transport it with the intent to sell

The law covers many medications that are legally prescribed by a doctor, such as painkillers, anxiety medicine, and stimulant drugs. You do not need to be making a profit or exchanging money to break the law; simply handing a prescription pill to someone else can count as furnishing or providing a controlled substance.

Is It a Felony To Take Someone Else’s Prescription Medication?

In California, taking someone else’s prescription is often a crime, and it can be a felony, but it isn’t always treated as one. Generally, if you’re caught merely possessing prescription meds without a valid prescription, you may face charges for drug possession. Sometimes, these are misdemeanors, but in certain cases, depending on the drug, your criminal history, or how much you possess, prosecutors can charge felony possession.

The charges and penalties become more severe when you’re the person accused of providing the controlled substance to another person, as this can be charged as distribution. If you give your prescription painkillers or share your stimulant meds with a friend, you are more likely to face felony charges.

You may face jail time, probation, or even time in state prison. A conviction can also create long-term problems, including difficulty finding employment, obtaining professional licenses, or passing background checks.

California’s prescription drug laws are strict, and both parties involved can end up in serious trouble.

Does HS 11352 Apply to All Prescription Medications?

No, HS 11352 does not apply to every type of prescription medication. The law only covers drugs that are classified as controlled substances. These medications are listed under the California Uniform Controlled Substances Act.

Medications that are not classified as controlled substances, like antibiotics, blood pressure medicine, or many allergy medications, are not governed by HS 11352, so neither is giving them away.

If you are accused of sharing prescription drugs in California, it is important to take the allegations seriously. Even if you did not intend to break the law, giving prescription medication to another person can lead to criminal charges in certain circumstances.

Some important steps to take include:

Exercising your right to remain silent until you have spoken with an attorney
Avoiding discussions about the allegations with friends, family members, or potential witnesses
Preserving prescription records, pharmacy records, and other relevant documentation
Refraining from deleting text messages, emails, or other potential evidence
Consulting a criminal defense lawyer as soon as possible to discuss your legal options

What you do after an accusation matters. Understanding your rights and getting legal guidance early can help you avoid mistakes that may affect your case.

Contact Ahmed & Sukaram, Criminal Defense Attorneys To Schedule a Confidential Consultation With a San Jose Criminal Defense Attorney

If you’re facing charges related to sharing controlled substances and prescription medications in California, this is something to take very seriously. The penalties can be more severe than you may have originally thought, and working with a lawyer is the best way to build the strongest defense possible.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500