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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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    what if I changed my mind about helping my family member
    can I carry my script for my personal use
     
  2. Red Kayak

    Red Kayak Well-Known Member

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    How about you change your mind and dispose of the unused medication legally and responsibly?

    Disposal of Unused Medicines: What You Should Know
     
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  3. Zigner

    Zigner Well-Known Member

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    You forgot to include "wink wink".

    Do you think we're stupid? Do you think that you can "trick us" into providing advice for you to break the law?
     
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  4. welkin

    welkin Active Member

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    There is nothing illegal about you having medication in your house or your car or on your person if it was prescribed to you and is in a prescription container. But giving even one pill to someone else and you have committed a crime.
     
  5. Zigner

    Zigner Well-Known Member

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    The pill doesn't even have to be given to someone else. The possession with intent to distribute is also a crime.
     
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  6. Red Kayak

    Red Kayak Well-Known Member

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    And even if, hypothetically, OP has changed their mind, depending on the controlled substance in the car can be suspicious.

    Having a valid prescription does not mean that it's legal to drive while taking the medication. Seeing the prescription bottle in the car, a police officer might have reason to subject you to a field sobriety test.

    Since you are not taking the medication, there is no good reason to store it in the car.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    I agree. Moreover, in general storing medicine in your car can degrade the quality and effectiveness of the drug, particularly if the car is sitting outside in warm weather. If the interior of the car gets above room temperature, then it may be too hot for storing your medicines.
     
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  8. welkin

    welkin Active Member

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    And what if the person in possession is taking the medication? How do you prove intent to distribute?
     
  9. Red Kayak

    Red Kayak Well-Known Member

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    In this case, posting on a public forum under one's real name that one is no longer taking the medication, and that one gives the occasional pill to someone else might be helpful in proving intent....
     
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  10. Zigner

    Zigner Well-Known Member

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    I don't need to - the OP already did that.
     
  11. welkin

    welkin Active Member

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    You assume that Ryan Smith is OP's real name. And even if it were, there are 279 Ryan Smith's living in Louisiana. Then you have to prove that the Smith that posted here is the person that actually used the device associated with the IP address. I'd say you have an uphill battle authenticating the Internet post.

    You don't know what drug OP was talking about and if it falls within Schedule 1 of the La.R.S.40-964.

    And even if it were on the Schedule, one pill does not rise to the required weight (twenty-eight grams).

    Louisiana Laws - Louisiana State Legislature

    D. If a person knowingly or intentionally possesses a controlled substance as classified in Schedule I, unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, as provided in R.S. 40:978, while acting in the course of his professional practice, where the amount of the controlled substance is equal to or above the following weights, it shall be considered a violation of Subsection A of this Section:

    (1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or chemical derivatives thereof, two and one-half pounds.

    (2) For any other Schedule I controlled substance, twenty-eight grams.

     
  12. Zigner

    Zigner Well-Known Member

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    Huh? We have an OP asking if it is OK to give his relative a pill that was prescribed to him and not his relative. I don't have to prove anything else. The OP wants to commit a crime and neither I, nor any other self-respecting member of this forum will tell the OP anything other than what he proposes is illegal. Of course, there are some less scrupulous members of this forum who may do just that.
     
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  13. justblue

    justblue Well-Known Member

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    To add to this: OP is still committing a crime even if he isn't caught. I agree with Zig that it is unscrupulous to assist him in any way.
     
  14. Red Kayak

    Red Kayak Well-Known Member

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    Based on OP's posts, you are giving him too much credit.

    OP states in his initial post that it's a controlled substance, so I think it's fair to assume that it's a CDS per LA law.

    I doubt he'd worry if it were something innocuous.
     
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  15. welkin

    welkin Active Member

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    Nothing I posted helps OP commit a crime and there is nothing unscrupulous about posting the actual law about intent to distribute (which you and Justblue posted he was guilty of). In my first post I said that to even give a person one pill of your prescribed drugs is a crime.

    Bottom line is giving his relative the pill would be a crime but having the pill in his car is not (intent to distribute) under Louisiana law even if he intended to do what he posted.

    What crime would that be assuming he did not give his relative the drug?
     
    Last edited: Sep 26, 2022
  16. Zigner

    Zigner Well-Known Member

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    Having the pill in the car is not intent to distribute. Having the pill in the car with the intent to give it to someone else is intent to distribute.

    2021 Louisiana Laws :: Revised Statutes :: Title 40 - Public Health and Safety :: §966. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin

    Read it- it's pretty clear.

    A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:

    (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled substance analogue classified in Schedule I.

    (2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule I.

    ...
    And further along
    ...
    B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to:

    (1) Except as otherwise provided in Paragraphs (2) and (3) of this Subsection, a substance classified in Schedule I, upon conviction for an amount of:


    (a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be required to pay a fine of not more than fifty thousand dollars.
     
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  17. adjusterjack

    adjusterjack Super Moderator

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    The troll has successfully gotten the responders to argue with each other and hasn't been back since Thursday.

    Thread closed.
     
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  18. army judge

    army judge Super Moderator

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    troll.jpg
     
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