Sharing or selling ADHD medication: New York law, storage and disposal

A roommate with an exam, a colleague on deadline, a relative whose own prescription ran out: requests for "just one" are common for anyone who takes a stimulant. The law in New York treats that favor far more seriously than most people expect, and the misuse data explain why regulators care. This article covers what the law says, what the numbers show, and how to store and dispose of medication so the question does not arise.

What New York law says

ADHD stimulants are Schedule II controlled substances. Four provisions matter.

The statement that "giving a friend one pill isn't dealing" is wrong as a matter of New York law. How a prosecutor or court would handle any particular case is a separate question that depends on the facts, and anyone facing a charge should speak with a criminal defense lawyer.

The offense class for seventh-degree possession was not confirmed from the statute text reviewed for this guide, so it is not stated here.

Why the rules are strict: what misuse data show

Every prescription stimulant carries an FDA boxed warning, updated across the class on May 11, 2023, that the drug has a high potential for abuse and misuse, which can lead to a substance use disorder, including addiction, and that misuse and abuse can result in overdose and death. The warning tells prescribers to educate patients and their families about these risks, proper storage and proper disposal.

The numbers behind that warning:

• How common misuse is. In the 2024 National Survey on Drug Use and Health, 3.696 million adults, or 1.4% of people 18 and older, reported misusing a prescription stimulant in the past year. The rate was 2.8% among adults 18 to 25 and 1.2% among adults 26 and older.
• Where the pills come from. The FDA states that most people who misuse prescription stimulants get them from family or friends, an estimated 56% to 80%, usually free.
• Misuse among people with prescriptions. A 2025 study in JAMA Psychiatry found that among US adults 18 to 64 who use prescription stimulants, 25.3% reported misuse and 9.0% met criteria for prescription stimulant use disorder. Most of those cases, 63.6%, were mild.
• Own prescription, not only diverted pills. In the same study, 72.9% of people with prescription stimulant use disorder used only their own prescription. Misuse was about three times as common with amphetamines as with methylphenidate.

Two conclusions follow. The supply for misuse comes largely from ordinary prescriptions shared between people who know each other, and misuse is also something that can develop in the person the prescription was written for. Both are reasons prescribers ask about how medication is taken and stored. If you are worried about your own use, tell your prescriber. ADHD and substance use in New York lists help resources.

The medical reason not to share

The law aside, a stimulant is prescribed after a clinician has reviewed one person's history. FDA labels tell prescribers to assess for cardiac disease and to screen for risk factors for a manic episode before treatment, and to monitor blood pressure and pulse during it. The person you hand a pill to has had none of that.

The FDA's instruction to patients is short: "Never provide any of your prescription stimulant medicine to anyone else."

How to say no

A prepared sentence helps, because the request usually comes from someone you like.

• "I can't. In New York giving it to you counts as a sale, and it's a felony for me."
• "My prescription is counted. I get exactly what I need and no refills."
• "If you think you might have ADHD, get evaluated. I can tell you how I went about it."

The second line is accurate. A Schedule II prescription cannot be refilled, an early fill is limited by the seven-day rule, and every fill is recorded in the state registry. Pills given away cannot easily be replaced. See lost or stolen ADHD medication in New York.

Storing medication safely

• Keep it in the original pharmacy container. That is a legal requirement in New York for controlled substances, except for what you are currently using.
• Store it securely and out of sight. The FDA advises storing prescription stimulants securely, out of sight and reach of children. Stimulant labels advise a safe place, preferably locked.
• Do not advertise it. A bottle left on a desk or a kitchen counter in a shared apartment is an invitation.
• Know your count. Noticing that pills are missing early matters, both for safety and because replacement is difficult.
• Take particular care in shared housing, such as dormitories and apartments with roommates. A small lockbox is a reasonable precaution.

Disposing of medication you no longer need

The FDA advises disposing of unused or expired stimulants promptly through a take-back site or program.

New York makes take-back straightforward. Under the Drug Take Back Act (Chapter 120 of the Laws of 2018, effective January 6, 2019), drug manufacturers fund take-back programs, and pharmacy chains with ten or more locations in New York, along with mail-order pharmacies serving New York residents, must offer collection or mail-back free of charge.

• Find a drop-off site by ZIP code at medtakebacknewyork.org, the site the Department of Health points to.
• Order free mail-back supplies by calling (844) 4-TAKE-BACK, which is (844) 482-5322.
• Ask your own pharmacy whether it has a collection kiosk.

The DEA also holds National Prescription Drug Take Back Days. The date of the next one could not be confirmed for this guide, so check the DEA's website or ask a pharmacy.

Where to go next

The possession and sale rules sit alongside the prescription rules that govern how you obtain medication in the first place. Continue to New York's rules for ADHD stimulant prescriptions, which compares the supply, refill and early-fill limits in one table. The registry that records every fill is explained in I-STOP and the Prescription Monitoring Program. For anyone who has been borrowing medication because they suspect ADHD, how an adult ADHD evaluation works describes the proper route.