David Nunez, Dispensing Testosterone Without Prescription, NM

ALBUQUERQUE, NM – David Nunez, formerly a licensed pharmacist and pharmacy owner in Santa Fe, New Mexico, has traded his white coat for a criminal record. Nunez pleaded guilty today in federal court to the misdemeanor offense of dispensing testosterone without a prescription – a seemingly small crime that fed a larger, shadowy operation.

The 50-year-old Nunez received a three-year term of probation, effectively ending his career in pharmacy. As part of the plea agreement, Nunez is permanently barred from reapplying for a pharmacist license or DEA registration, meaning his days of dispensing any controlled substances are over. He’s also been ordered to contribute 100 hours of community service, a meager penance for profiting from illegal drug distribution.

The case dates back to November 2015, when Nunez was initially charged with unlawful dispensing of testosterone, possession with intent to distribute, and conspiracy. Federal investigators uncovered a scheme where Nunez leased space within his Santa Fe pharmacy to an unnamed lessee, who used the location to compound bio-identical hormone replacement creams. While presenting a veneer of legitimacy, the operation was a clear backdoor for distributing controlled substances.

According to court documents, Nunez wasn’t just a passive landlord. He actively facilitated the illegal activity by allowing the lessee to use his DEA registration number to order over a kilogram of testosterone in May 2011. Nunez admitted to providing the testosterone despite lacking any prescriptions for the drug, and having no knowledge of any patients who required it. He willingly looked the other way, turning a blind eye to the illicit profits being generated within his own business.

The New Mexico Board of Pharmacy already caught wind of Nunez’s shady dealings, suspending his license in June 2015 following a separate investigation. He subsequently sold his pharmacy, but the federal charges remained, culminating in today’s guilty plea. While Nunez managed to avoid a harsher sentence, the damage to his reputation and career is irreversible.

The investigation was a collaborative effort by the DEA’s Tactical Diversion Squad in Albuquerque, the Food and Drug Administration, and the New Mexico Board of Pharmacy. Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted the case, highlighting the federal commitment to cracking down on pharmaceutical drug diversion. The DEA’s Tactical Diversion Squads continue to target individuals and operations that exploit the legal pharmaceutical supply for illegal gain, a constant battle in the ongoing war on drugs.