Area of Life:
The area chosen to further explore for the juridic control assignment is the activity of taking/obtaining prescription medication. Most people have taken prescription medications in their lifetime; whether it was prescribed by their personal medical professional or they obtained them from another source. Prescription medications help numerous amounts of people lead more productive lives, while freeing them from the symptoms of medical conditions. This is successful only when a prescription is prescribed for a particular individual to treat a specific condition and is followed as directed. Taking prescription drugs in a way that has not been recommended by a medical professional can be more dangerous than people think. It is considered drug abuse and it is just as illegal as taking street drugs. Some people experiment with prescription drugs because they have the impression it will help them have more fun, lose weight, fit in, and even study more effectively. People can sometimes obtain prescription drugs a lot easier than street drugs. Family members or friends could have a prescription and easily give it to someone who wants it. Prescription drugs are only safe for the individual who actually has obtained a prescription from a medical professional. The reason a person has a prescription is because a medical professional has examined that individual and has determined that the benefit of the prescription outweighs the side effects of the damaging symptoms. The medical professional has also advised the patient exactly how they should take the medicine, including things to avoid while taking the medication; such as drinking alcohol, smoking, or taking other medications. Medical professionals also explain and make the patient aware of potentially dangerous side effects, interactions, and medical professionals can monitor patients closely for these.
Even though prescription medications are needed in some cases, they are not always acquired legally. Taking un-prescribed medications or sharing prescription drugs that are defined as dangerous drugs with anyone is breaking the law. A majority of prescription medications fall under the dangerous drug definition by Montana law due to a combination or mixture of substances they contain. “Any prescription medication containing the following is considered a dangerous drug and is illegal to take or obtain without a prescription. The law of Criminal possession of precursors to dangerous drugs is as follows: (1) A person commits the offense of criminal possession of precursors to dangerous drugs if: (a) the person possesses any material, compound, mixture, or preparation that contains any combination of the fourteen chemicals with intent to manufacture dangerous drugs. (2) A person convicted of criminal possession of precursors to dangerous drugs shall be imprisoned in the state prison for a term not less than 2 years or more than 20 years or be fined an amount not to exceed $50,000, or both.” The law of fraudulently obtaining dangerous drugs is as follows: “A person commits the offense of fraudulently obtaining dangerous drugs if he obtains or attempts to obtain a dangerous drug. (1) fraud, deceit, misrepresentation, or subterfuge; (2) falsely assuming the title of or representing himself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess dangerous drugs; (3) the use of a forged, altered, or fictitious prescription; (4) the use of a false name or a false address on a prescription; or (5) the concealment of a material fact.”
The rules and Montana Annotated Code laws described are only a few restrictions when it comes to obtaining and taking prescription medications. The main focus on the laws pertain to dangerous drugs due to a majority of the standards for prescription drugs lie under ethic standards or codes of conduct and are not necessarily illegal. Above listed laws and others can be found on several websites as follows: http://data.opi.state.mt.us/bills/mca_toc/45_9_1.htm; http://mt.gov/dli/bsd/license/bsd_boards/pha_board/rules.asp; http://www.dea.gov/pubs/csa.html.
Burden of Jurirdic Load:
Taking any kind of drug can be dangerous, but sometimes people do not care. There are a few burdens of obtaining/taking prescription medications. A person has to go to a medical professional before they can obtain a prescription medication. A lot of people do not have health insurance or cannot afford the visit without it. Another huge problem in our society is the availability and cost of prescription medications. Prescription medication can be very expensive and not always available in a generic form. Other people look at go to the doctor as an inconvenience and just choose not to go.
How to Escape These Controls:
There are several ways to escape such controls of taking or obtaining prescription medications. Some people will do anything to acquire a prescription even if it is illegal or unethical, just to avoid the juridics. People can receive prescription medications from friends, family or even from strangers on the street without having to go a medical professional. I know of many people who have had a prescription for painkillers and have given them to friends, who were in pain, not thinking about it twice. A person can also steal medication from a friend, family member, or a stranger. A person can decide to get their prescribed medications from another source like Canada. If a person does not want to obtain or take their medications in a way that is not the right way than a person needs to visit a medical professional.
[[3. An impersonal interview with a friend regarding information on this topic took place on the 22nd of March, 2008.]]