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legal question Drug Crimes, Substance Abuse

Discussion in 'Criminal Charges' started by Ryan Smith, Sep 22, 2022.

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  1. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    can you be charged with a crime if you drive with an expired prescription in the vehicle? I have a presciption for a controled substance and sometimes bring that prescription with a few of its pills to a family member. The only issue i see is the prescription is expired.
     
  2. Zigner

    Zigner Well-Known Member

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    The prescription is the document that authorizes (1) the medication to be dispensed to you and (2) your possession of the medication. One does not generally carry the prescription itself once it has been filled.

    So, your question is actually whether or not you are allowed to carry medication that was dispensed to you pursuant to a valid prescription.

    Let me ask you this: For what purpose are you bringing the pills to a family member?
     
  3. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    my family member was prescribed the same medicine but is no longer able to make it to the doctor but is dependent on the medicine. I bring the family member the medicine needed
     
  4. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    I no longer am prescribed the medicine but have some of the medicine left over with the old prescription bottle
     
  5. Zigner

    Zigner Well-Known Member

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    That is illegal. Your family member must have been prescribed the medication - you cannot provide it for the family member in the manner you are describing.
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    No, that's not the only issue.

    Providing the pills to a family member for whom they are not prescribed is a crime. The same as if you sold them to a stranger on the street.
     
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  7. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    Im not worried about the family member im worried about the expired prescription in the car
     
  8. Zigner

    Zigner Well-Known Member

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    What you propose is ILLEGAL. There is no other way to say it.
     
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  9. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    whats the charge for having a controlled substance with expired date on the bottle in the vehicle
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Then you are both complicit in a crime and you can both end up prosecuted.
     
  11. Red Kayak

    Red Kayak Well-Known Member

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    What you SHOULD be worried about possession with the intent to distribute.

    It is ILLEGAL to share prescription drugs, especially controlled substances. It's not like you're talking insulin or warfarin here.

    Moreover, you should worry about the family member, because if they are harmed by the controlled substance, YOU could face charges.
     
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  12. Zigner

    Zigner Well-Known Member

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    We're not going to help you (and your family member) break the law.
     
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  13. Red Kayak

    Red Kayak Well-Known Member

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    In your case, "possession with the intent to distribute".
     
  14. army judge

    army judge Super Moderator

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    Hmmm, what causes you to believe the RX is expired?

    I ask that question because in addition to being an attorney, I'm a licensed osteopathic physician.

    I write scripts.

    There is no expiration date on my scripts, just the date I wrote the script.

    Beyond that, if you gave the script to a pharmacist, the pharmacist filled the script, but should have kept it for the pharmacy's records and the DEA.

    How or why do you still possess a script that you claim is expired, but has been filled?

    Don't answer the question, I know the answer.

    If you don't immediately change your behavior, you'll find yourself under arrest facing a drug charge.

    The script isn't expired.

    I can think of three things that it is, however.
     
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  15. Zigner

    Zigner Well-Known Member

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    Prescriptions

    The law places time limits on prescriptions. Depending on the drug, prescriptions expire after six months or one year from the date the prescription was issued.
     
  16. army judge

    army judge Super Moderator

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    You've made my point.

    Possessing the controlled substances and presenting an EXPIRED script to Officer Friendly isn't going to work, the way the presenter expects!!!

    Do you understand why some mope would carry "an expired script“?


    How Long Are Prescriptions Valid? What You Need to Know
     
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  17. zddoodah

    zddoodah Well-Known Member

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    Your illegal distribution of prescription medication to someone to whom it wasn't prescribed should be of far greater concern to you than your transporting of the medication for which the prescription has expired.
     
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  18. army judge

    army judge Super Moderator

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    'Oh what a tangled web we weave/When first we practice to deceive,’ is a very ‘Shakespearean’ phrase, however, it is not from Shakespeare.

    It comes from an early nineteenth century Scottish author, Sir Walter Scott, best selling writer of novels, plays, and poems.

    Like so very many of Shakespeare’s lasting observations it’s a beautifully expressed aphorism that uses just a few words to describe one life experience so perfectly, and is so true, that it enters into the English language and becomes one of its most powerful idioms – one that will last forever.

    'Oh what a tangled web we weave/When first we practice to deceive’ means that when you lie or act dishonestly you are initiating problems and a domino structure of complications which eventually spiral out of your control.

    'Oh What A Tangled Web We Weave' Saying Origin & Meaning
    ...
     
  19. Ryan Smith

    Ryan Smith Law Topic Starter New Member

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    the bottle says use before 3/15/23 and was filled 3/15/22
    can I get in any kind of trouble with this in my possession?
     
  20. Red Kayak

    Red Kayak Well-Known Member

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    Yes. Possession with intent to distribute.
     
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