Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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jk
so, did they check your BF's ID and confirm they were his prescriptions?
Yes, they did. My bf tried to explain to the cops that his script has been stolen before so my gf carries it for me. They said they weren't arresting me the entire time until the last minute. I just don't get it.
Apparently, there was a similar case tried in my county where a person was picking up someone elses script of Oxycodone and he was arrested. He actually was paying for the scripts and supposedly selling them. The judge dropped the charges b/c he said the man wasn't doing anything illegal and there is no proof that he was selling them. He was charged with trafficking of drugs and possession.
The bottom line is that I'm really scared b/c I'm being charged with 2 felonies and I honestly didn't know I was breaking the law. I appreciate all the advice so far and anymore is appreciated.
I believe this is statute number: 893.13-3695
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
it would be great if we had a statute number but based on just the info you have presented, I am having a hard time seeing why they would have charged you but of course, all we have is what you have posted as information.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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gblvdgirl
I believe this is statute number: 893.13-3695
DRUGS-POSSESS-CNTRL SUB WO PRESCRIPTION
So, when the police stopped you, was your boyfriend with you by your side?
Was he around the corner in a store?
Or was he nowhere to be found and you called him on the phone to meet you with the police?
You also state that your being charged with 2 felonies, we know of one, what is the other charge and is this second felony from the same arrest?
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:
unless there is a claim the possession also was accompanied with the intent to sell or deliver, this statute falls short of the action claimed.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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Who'sThatGuy
DRUGS-POSSESS-CNTRL SUB WO PRESCRIPTION
So, when the police stopped you, was your boyfriend with you by your side?
Was he around the corner in a store?
Or was he nowhere to be found and you called him on the phone to meet you with the police?
You also state that your being charged with 2 felonies, we know of one, what is the other charge and is this second felony from the same arrest?
I had 2 scripts, so 2 of the same charges. My bf was in the apt and I was in the car downstairs waiting for him.
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jk
unless there is a claim the possession also was accompanied with the intent to sell or deliver, this statute falls short of the action claimed.
That's good to know.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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Quoting
gblvdgirl
I had 2 scripts, so 2 of the same charges. My bf was in the apt and I was in the car downstairs waiting for him.
So was this a high traffic area for drugs?
After the police stopped you how long did it take for your boyfriend to get to you and the police to resolve this matter?
Were the scrips released to your boyfriend or did the police keep them as evidence?
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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Quoting
Who'sThatGuy
So was this a high traffic area for drugs?
After the police stopped you how long did it take for your boyfriend to get to you and the police to resolve this matter?
Were the scrips released to your boyfriend or did the police keep them as evidence?
They kept the scripts for evidence. They even took his antibiotics that I had, buy never mentioned those in the police report. I told the cops my b/f was in the apt. They went up to get him about 15-20 minutes later.
It's not a bad area, although it's an apartment complex.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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jk
unless there is a claim the possession also was accompanied with the intent to sell or deliver, this statute falls short of the action claimed.
I suspect we need to be looking at subsection 6:
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Quoting Florida Statutes, Sec. 893.13(6)
(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, "cannabis" does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
(c) Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.
I would like to know if this is the statute, or if we're still guessing, before trying to find out how courts are interpreting it.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
the other thing that was not revealed until after I posted was that her BF was not in the car when she was stopped.
That makes this statement from the first post incorrect:
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I was caught with my boyfriend's medications in my purse. They were in his prescription bottle and he was with me.
when she later on posted:
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I had 2 scripts, so 2 of the same charges. My bf was in the apt and I was in the car downstairs waiting for him.
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I told the cops my b/f was in the apt. They went up to get him about 15-20 minutes later.
that little change changed a lot.
Re: Possession of Somebody Else's Prescription, Wrong Drug Charged
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jk
the other thing that was not revealed until after I posted was that her BF was not in the car when she was stopped.
That makes this statement from the first post incorrect:
when she later on posted:
that little change changed a lot.
I understand what you're saying. He was technically with me, but not right by my side when the cops came. We went to his friend's house togethter. I came down stairs and was waiting for him.