Are you wondering if it is legal to give away your old prescriptions in Canada? It’s a common thing to have old or expired pills in a bathroom medicine cabinet, whether they’re for an old back injury or infection of some kind. Perhaps you’re keeping them around just in case of a flare-up of pain, or just haven’t gotten around to disposing of them.

But it’s important to remember that prescription drugs, unlike over-the-counter medications, are heavily regulated and fall under the Controlled Drugs and Substances Act in Canada. This means that properly disposing of any unused prescription medications is extremely important since giving them away to someone who doesn’t have a prescription is a criminal offence.

Prescription drugs in Canada

With that in mind, it’s not necessarily all prescription medications you have to worry about like a steroid-based cream to clear up a rash. Though you probably also don’t have to worry about someone rooting through your medicine cabinet and taking your old blood pressure pills, several types of prescription drugs are highly sought after on the black market.

Indeed, there’s a lucrative trade in black market prescription drugs that has led to deadly consequences for those who end up overdosing. The introduction of synthetic opioid drugs such as fentanyl and oxycontin has seen overdose death among casual users and addicts alike explode in recent years, with governments and law enforcement seemingly unable to stem the tide of harm these drugs have caused to communities in Canada and all over the world.

Expired prescription disposal

According to the Royal Canadian Mounted Police, some of the most dangerous drugs on Canadian streets these days are those doled out by doctors with prescription pads.

The most commonly used and abused prescription medications include stimulants such as Ritalin and Adderall, tranquillizers and barbiturates including Valium and Xanax, and painkillers like oxycontin and morphine. There’s no doubt of the legitimate uses for these drugs for people with attention deficit disorder in the case of stimulants, depression and anxiety for those prescribed Valium or Xanax, and the extremely effective pain-relieving properties of opioid drugs.

Expired meds

When used properly under the guidance of a physician, these drugs can be taken safely though they may all be habit-forming and carry risks of addiction along with other harmful side effects. To prevent the potential for misuse and abuse of prescription medications, many pharmacies in Canada offer take-back and safe disposal programs for people with unused drugs given to them by a doctor.

Many Canadian provinces participate in safe disposal initiatives in partnership with pharmacies and police forces. These initiatives aren’t only for expired or unused prescriptions but also include natural health products such as vitamins and supplements, over-the-counter drugs, and used needles, also known as medical sharps. Pharmacists can safely dispose of drugs and other health products, and people are strongly urged not to dispose of old medicines down the toilet or in a kitchen sink.

Expired medications should be disposed of

According to the Canadian government, despite the existence of safe disposal and take-back programs, most don’t get disposed of in a safe manner, collecting “only a fraction of unused and expired pharmaceuticals.”

The remainder that is poured down drains and toilets, or thrown in garbage cans then makes its way into the natural environment, contaminating groundwater and soil as well as creating headaches at wastewater plants that aren’t equipped to handle flushed pills and drugs. In the event you live in a place where safe disposal at a pharmacy isn’t possible, the federal government advises people to take a number of steps to safely toss out old medications in the garbage.

Old and expired prescriptions in Canada

It urges people to take any unused pills out of their bottles and remove any identifying information from the prescription labels to protect their private health information. Then, it advises people to take the old pills and mix them in with other “unappealing” garbage such as used kitty litter or old coffee grounds.

Taking that step can make it more difficult for kids or animals to get at them, as well as mask them from people who may search peoples’ trash bins in hopes of finding old and discarded drugs. Lastly, people should double-bag the mixture or put it in a sealed can or container to ensure it doesn’t break and leak out of the garbage bag.

Prescriptions in Canada

There’s no doubt that Canada has a problem with discarded drugs leaking into the environment. Testing by governments and researchers has shown levels of certain drugs in groundwater and soil, which has coincided with the “dramatic increase” in new medications coming onto the market in Canada for both human consumption and veterinary treatments for household pets.

Some provinces, in response to the issue of prescription drugs being improperly disposed of, now participate in a program administered by the Health Products Stewardship Association. The HPSA has operations in British Columbia, Ontario, Prince Edward Island, and Manitoba, where it operated take-back programs for expired and unused drugs, natural health products, medical marijuana, as well as used needles.

The take-back program is free and people don’t have to pay anything to have their old medicines properly disposed of by the HPSA’s program participating pharmacies.

Giving away pills legal cases

The landscape of Canadian pharmaceutical law has been shaped by several high-profile cases over the years involving the “giving away” of medications, creating a stir in the media and public opinion. These cases have had significant implications for the medical and pharmaceutical industries, policymakers, and the public at large.

One of the most prominent cases unfolded in the late 2020s when a major pharmaceutical company, CanPharmCo, was sued by multiple provincial governments for “giving away” samples of a high-cost cancer drug, Phylozarb, to patients. The company’s argument was that they were offering the samples as part of a compassionate use program for those who could not afford the drug.

The provinces, however, claimed that the practice increased demand for Phylozarb and forced them to include it in their public drug plans, which led to significant financial strain. The media highlighted the moral and ethical issues the case raised, showing a clash between the need for affordable access to life-saving medication and the financial realities of healthcare funding.

The Supreme Court of Canada

The trial was highly contentious, featuring a myriad of legal and ethical arguments. Ultimately, the Supreme Court of Canada ruled in favour of the provinces in 2022, stating that CanPharmCo’s actions had put undue pressure on public health budgets. The ruling forced CanPharmCo to reimburse the provinces for the cost of the drug samples given away.

This landmark decision highlighted the complex dynamics between pharmaceutical companies, governments, and the public. The media reported extensively on the outcome, generating public debates on the need for pharmaceutical pricing reforms and the obligations of pharmaceutical companies in the provision of affordable healthcare.

Another remarkable case was the 2020 lawsuit against PharmaGiant Inc., an international pharmaceutical company. In this instance, PharmaGiant Inc. was giving away large quantities of opioid medication, amidst the height of the opioid crisis in Canada. Families of victims filed a class-action lawsuit against the company, alleging that it contributed to the opioid epidemic by fostering dependency and overuse through its reckless distribution practices.

Pharmaceutical lawsuits in Canadian history

The media was quick to expose the severity of the situation, and public outrage grew as more details about PharmaGiant’s irresponsible practices came to light. The case went to trial in 2021 and resulted in a historic judgment, with PharmaGiant Inc. being held liable for contributing to the opioid crisis. The company was ordered to pay billions in damages, marking one of the largest settlements in a pharmaceutical lawsuit in Canadian history.

In a more recent case, the high-profile trial of BioLife Corp in 2023 sparked national attention. BioLife Corp was taken to court for giving away gene therapy treatments, which were still under clinical trials. Patients were lured by the promise of a cure for various genetic diseases, disregarding the potential risks and side effects due to the treatment’s experimental status. The case raised legal and ethical questions about informed consent, patient safety, and the moral obligations of pharmaceutical companies.

Unused medications and old prescriptions in Canada

The harmful effects of failing to properly dispose of old and expired medications are well documented in Canada and elsewhere. As well, distributing old drugs to people not listed on the prescription is a criminal offence in Canada, potentially leading to fines and jail time depending on the scale of the illegal distribution.

Luckily for most Canadians, there are more than enough places to go to take your old medicines and have them properly discarded in a way that doesn’t harm the environment or other people in the process.

Deal with old prescriptions in Canada in the proper way.

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Is it legal to give away your old prescriptions in Canada?