1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

legal question Drug Crimes, Substance Abuse

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

Tags:
Thread Status:
Not open for further replies.
  1. Ryan Smith

    Ryan Smith Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Louisiana
    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

    Messages:
    4,840
    Likes Received:
    2,752
    Trophy Points:
    113

    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

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    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

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    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

    Messages:
    4,840
    Likes Received:
    2,752
    Trophy Points:
    113

    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.
     
    hrforme, justblue and Red Kayak like this.
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,563
    Likes Received:
    3,911
    Trophy Points:
    113

    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.
     
    hrforme and Zigner like this.
  7. Ryan Smith

    Ryan Smith Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Im not worried about the family member im worried about the expired prescription in the car
     
  8. Zigner

    Zigner Well-Known Member

    Messages:
    4,840
    Likes Received:
    2,752
    Trophy Points:
    113

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

    Ryan Smith Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    whats the charge for having a controlled substance with expired date on the bottle in the vehicle
     
  10. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,563
    Likes Received:
    3,911
    Trophy Points:
    113

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

    Red Kayak Well-Known Member

    Messages:
    379
    Likes Received:
    415
    Trophy Points:
    63
    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.
     
    justblue and hrforme like this.
  12. Zigner

    Zigner Well-Known Member

    Messages:
    4,840
    Likes Received:
    2,752
    Trophy Points:
    113

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

    Red Kayak Well-Known Member

    Messages:
    379
    Likes Received:
    415
    Trophy Points:
    63
    In your case, "possession with the intent to distribute".
     
  14. army judge

    army judge Super Moderator

    Messages:
    34,864
    Likes Received:
    5,981
    Trophy Points:
    113

    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.
     
    Red Kayak likes this.
  15. Zigner

    Zigner Well-Known Member

    Messages:
    4,840
    Likes Received:
    2,752
    Trophy Points:
    113

    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

    Messages:
    34,864
    Likes Received:
    5,981
    Trophy Points:
    113

    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
     
    Red Kayak and Zigner like this.
  17. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,546
    Likes Received:
    1,665
    Trophy Points:
    113

    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.
     
    Red Kayak likes this.
  18. army judge

    army judge Super Moderator

    Messages:
    34,864
    Likes Received:
    5,981
    Trophy Points:
    113

    '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

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    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

    Messages:
    379
    Likes Received:
    415
    Trophy Points:
    63
    Yes. Possession with intent to distribute.
     
    Zigner and army judge like this.

Share This Page

Thread Status:
Not open for further replies.