Drugs Not in Original Container

Drugs Not in Original Container

Controlled Substance laws are structured to address various types of charges related to controlled substances and prescription drugs. There are specific laws for being in possession of prescription drugs not in their original pharmacy container. This includes being in possession of prescription drugs which are in the proper container but the pharmacy label is not in your name.

Defense Against Charges

Accidental Situations

Many charges for being in possession of prescription drugs are the result of problematic circumstances. For example:

Let's say you have a doctor's prescription for a legitimate medical condition. You want to go out but do not want to carry the bulky pill bottle, so you put one or two pills in your pocket. Although no criminal intent existed, you have broken the law.

Let's say you borrow someone's car and, while traveling alone, the police pull you over. The police officer approaches the car and then sees a pill bottle laying on the front seat in plain sight. Upon investigation, the officer determines that the prescription is not in your name but you are clearly in possession of the drugs. Although no criminal intent existed, you have broken the law.

Illegal Situations

If you are in possession of prescription drugs (controlled substances) and cannot verify any legal reason to have them, you are in serious trouble. Although you may have had only a couple of pills for recreational use, you're as guilty of a crime.

Drug Prescription Fraud may be applicable if you have prescription drugs in their proper pharmacy container but obtained the prescription in an illegal manner. Prescription fraud itself is a felony crime. Obtaining and having possession of fraudulently obtained prescription drugs compounds the legal problems.

Penalties and Punishments

Possession of pharmaceutical products not in the proper container can bring felony chargess resulting in prison sentences and fines.

Depending on the circumstances of an arrest, the accused may face additional charges such as child endangerment, obstruction, possession of a firearm during commission of a felony, and destruction of evidence.

If you have been arrested or formally charged with a drug related crime you need to hire an expert drug charges defense lawyer. Call us at 770-956-1400 to arrange time to discuss your situation and get answers to your questions.