【Successful Case Share】Wait, What?! This Could Be Considered Drug Trafficking? DO NOT Give Leftover Medication to Others

Recently, our firm assisted in handling a criminal case involving the transfer and online sale of prescription medication. Although the facts seemed to be ordinary, the case actually involves felonies under the Narcotics Hazard Prevention Act and the Pharmaceutical Affairs Act. Fortunately, we successfully secured a non-prosecution decision for our client.

This case also reminds us that giving your prescription medication to others may expose you to criminal liability in Taiwan!

I. Case Background: Transferring Sleeping Pills to a Friend

Mr. Huang, who suffered from insomnia, obtained the prescription sleeping medication “Rivotril” (Clonazepam) from a hospital. One day, his cohabiting relative Ms. Chen mentioned that a friend had insomnia and needed sleeping pills. Mr. Huang handed over his unused pills to her. Unexpectedly, Ms. Chen then attempted to sell the pills through an online group and happened to encounter a police “entrapment”.

Prosecutors and the police began investigating Mr. Huang and Ms. Chen pursuant to Article 4 Paragraph 4 and Article 8 Paragraph 4 of the Narcotics Hazard Prevention Act, respectively for transfer and sale of Schedule IV narcotics, offenses punishable by 5 to 12 years of imprisonment. However, after our defense, the prosecutor ultimately determined that Mr. Huang did not commit the crime.

II. Key Points Leading to the Successful Outcome

(1) Liability under the Narcotics Hazard Prevention Act requires that the offender subjectively knows the substance is a narcotic

A key defense argument was that Article 8 Paragraph 4 of the Act requires the defendant to be aware that the substance being transferred is a Schedule IV narcotic.

We argued that:

• the defendant is a person with disabilities and has limited education, making it difficult for him to read or understand warning labels on medication packaging;

  
  

• the defendant lacks the ability to determine whether a medication is a controlled substance; and

  
  

• therefore, he did not possess the required criminal intent.

The prosecutor accepted these arguments and concluded that Mr. Huang had neither direct nor indirect intent, and thus did not commit the offense.

(2) Negligent transfer of prohibited drugs under Article 83 of the Pharmaceutical Affairs Act was not punishable in this case

The case also involved a potential violation of Article 83 of the Pharmaceutical Affairs Act (negligent transfer of prohibited drugs).

We argued that:

• Paragraph 3, Article 83 (negligent offense) punishes only completed offenses, not attempts; and

  
  

• this case involved a police entrapment, meaning the transfer was never actually completed—it constituted a negligent attempt, which is not punishable under Article 83.

The prosecutor again accepted this reasoning. Since the defendant could not read and was unable to identify the nature of the medication, he lacked criminal intent; and because the conduct amounted only to a negligent attempt induced by police, it falls under a “non-punishable” zone.

Nevertheless, this case highlights the need for greater public awareness regarding controlled medications and the relevant laws under the Pharmaceutical Affairs Act and the Narcotics Hazard Prevention Act.

III. The Narcotics Hazard Prevention Act Applies Not Only to Drug Dealers—Casually Transferring Controlled Medications Can Also Be a Crime

Many people mistakenly believe narcotics offenses only involve illegal drug transactions or street-level drug deals. In reality, if the medication qualifies as controlled drugs(such as sleeping pills or sedatives), transferring, import, gifting, purchasing on behalf of others, or even picking up medication for someone else may violate narcotics laws or the Pharmaceutical Affairs Act.

In essence, controlled drugs and narcotics represent two sides of the same coin: with proper use, they are legitimate medications; with improper use, they constitute narcotics.

Narcotics also include many prescription medications frequently prescribed by medical institutions, such as:

• Sleeping pills: Zopidem, Flunitrazepam, Clonazepam (Rivotril), Stilnox, Ativan

  
  

• Anti-epileptic drugs: Barbiturates

  
  

• Cold and nasal medications: Ephedrine-related compounds; for example, certain Japanese cold medicines such as Taisho “Pabron” may contain Methylephedrine or Dihydrocodeine (a Schedule III narcotic), though Taiwan-modified versions have removed these ingredients

  
  

• Pain relief medications: Products containing Ergotamine, such as Ictopan or Pain-An tablets

Transferring or reselling the above controlled medications may constitute selling or transferring narcotics under the Act.

Even if the medication is not a narcotic, Articles 82 and 83 of the Pharmaceutical Affairs Act still penalize the manufacture, import, sale, or transfer of controlled drugs. For example, in a prior case, a traveler who purchased melatonin overseas and resold it to friends upon returning to Taiwan was prosecuted for violating the Pharmaceutical Affairs Act.

IV. Legal Reminders

Resale of your prescription medication may result in:

• Narcotics Hazard Prevention Act Article 4 – Sale of narcotics (a felony punishable by 5+ years imprisonment)

  
  

• Even negligent conduct may lead to punishment under Pharmaceutical Affairs Act Articles 82–83 (up to 3 years imprisonment)

  
  

• Police entrapments are very common in such cases

  
  

• Please return unused medications to medical institutions—never dispose of them yourself

  
  

• Prescription medication must be obtained legally and used only by the individual named in the prescription

  
  

• Controlled drugs must not be resold, exchanged, transferred, imported, or purchased on behalf of others

Do not underestimate the legal risks.

If you or someone you know faces a similar situation or needs legal assistance, you are welcome to contact our firm. We will use our expertise and experience to help you reduce criminal exposure and protect your rights.