[VA] Is it illegal for me to finish my Adderall prescription after the expiration date?
July 31, 2025
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It's generally considered illegal to take a controlled substance like Adderall after the prescription period has ended, even if it was originally prescribed to you. Here's why:
- Controlled substances (like Adderall) fall under federal and state regulations that limit use strictly to the time and dose prescribed.
- Virginia law, like federal law, treats possession or use of expired or out-of-date prescriptions as unlawful possession of a controlled substance.
- Using medication outside the prescribed timeframe (even if unused from a valid prescription) can raise concerns of misuse or abuse, especially in sensitive settings like employment drug testing.
In Virginia, possessing a Schedule II controlled substance like Adderall outside the valid terms of a prescription — including taking it after the time period has lapsed — can be considered unlawful possession.
However, you are unlikely to face criminal charges unless:
- Law enforcement is involved, or
- You're suspected of distributing/selling the medication.
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Full Conversation
Is it illegal for me to finish my Adderall prescription after the date on the bottle?
I understand your concern. Have you consulted with a healthcare professional about finishing your Adderall prescription after the expiration date?
No, I have not.
Are you looking for legal advice on the consequences of using medication past its expiration date?
It's not the expiration date for the medication — it's taking the medication after the two-month dosage window set out by the doctor.
Essentially, I stopped taking the Adderall after my insurance ran out and couldn’t afford refills.
Now, I’ve begun taking it again after starting school.
I have not obtained any new medication outside of the one dosage prescribed to me by a pharmacist.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your medication usage.
Yes.
Thank you for choosing AskALawyer! My name is Jessica and I am a licensed attorney who will assist you with your question. I am reviewing your details and will respond shortly.
I’m sorry you’re having issues with your medication.
Just to confirm — all of the pills were prescribed by a doctor?
Yes, they were all prescribed by a doctor. I was given 60 pills for use over a 30-day period.
The reason I’m asking is because I just took a drug test for a job. I’m worried that if I provide the prescription — which was issued 5 months ago — they’ll think I’m abusing Adderall.
I’m currently taking the pills once a day for classes, but it’s after the specific time period the doctor intended.
It's generally considered illegal to take a controlled substance like Adderall after the prescription period has ended, even if it was originally prescribed to you. Here's why:
- Controlled substances (like Adderall) fall under federal and state regulations that limit use strictly to the time and dose prescribed.
- Virginia law, like federal law, treats possession or use of expired or out-of-date prescriptions as unlawful possession of a controlled substance.
- Using medication outside the prescribed timeframe (even if unused from a valid prescription) can raise concerns of misuse or abuse, especially in sensitive settings like employment drug testing.
In Virginia, possessing a Schedule II controlled substance like Adderall outside the valid terms of a prescription — including taking it after the time period has lapsed — can be considered unlawful possession.
However, you are unlikely to face criminal charges unless:
- Law enforcement is involved, or
- You're suspected of distributing/selling the medication.
What are the ramifications of the drug test from my employer I just took showing up positive for Adderall, when my prescription is 3 months expired?
Since the drug test was for a private employer and not law enforcement:
- There should be no legal consequences unless the result is reported to the police (which is highly unlikely).
- The employer may ask for a copy of your prescription to explain the result.
- Because the prescription is technically expired, they may question your continued use, which could affect your job candidacy depending on their policy.
You can offer your original prescription and explain your recent resumption due to school, but be aware they may have zero-tolerance policies or prefer an active prescription.
Please let me know if I can assist further. I hope this helped clarify your situation. Wishing you the best with your job application!
