Possession of Somebody Else's Prescription, Wrong Drug Charged

I was caught with my boyfriend's medications in my purse. They were in his prescription bottle and he was with me. The cop said b/c they were in my purse I was in possession of them and they are not mine. I really didn't know I could get in trouble for it. I've never had any charges in my life.

Anyhow, the charges say I was DRUGS-POSSESS-POSSESS CONTROL SUB WO PRESCR INCLUDS MARIJUANA.

The charge is wrong b/c it was not marijuana. It was Zanax and muscle relaxers.

My question is that is this grounds to throw the charge out?

You didn't bother to identify either the state involved or share the citation to the statute, but my guess would be that the reference is to the statute and not to what you possessed. That is, the statute encompasses medical marijuana.

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Quoting Mr. Knowitall

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You didn't bother to identify either the state involved or share the citation to the statute, but my guess would be that the reference is to the statute and not to what you possessed. That is, the statute encompasses medical marijuana.

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Sorry.
It is FL. The problem is that I did not have medical marijuana. Therfore, it's the wrong statute. I wanted to know if that happens, is it grounds to be thrown out b/c I did not have medical marijuana at all.

The statute cited being what? Give us the statute number.

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Quoting Mr. Knowitall

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The statute cited being what? Give us the statute number.

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I don't have the exact statute number. It reads DRUGS-POSSESS-POSSESS CONTROL SUB WO PRESCR INCLUDS MARIJUANA

I did a quick look through some Florida drug statutes and there are some that are worded just as Mr. K suggested.

the statute speaks to all drugs requiring prescription and they go to the extra action to specifically include marijuana. Possibly due to the continued push for acceptance of MM in Florida (nothing like being ready before it is needed) or there is some allowance for an out of state person with a scrip for MM within the Florida statutes.


Until you have the actual number for the statute, it is impossible to be sure but quite likely, the statute simply made a point to include MJ within that statute and as such, would be a proper statute.

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Quoting jk

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I did a quick look through some Florida drug statutes and there are some that are worded just as Mr. K suggested.

the statute speaks to all drugs requiring prescription and they go to the extra action to specifically include marijuana. Possibly due to the continued push for acceptance of MM in Florida (nothing like being ready before it is needed) or there is some allowance for an out of state person with a scrip for MM within the Florida statutes.


Until you have the actual number for the statute, it is impossible to be sure but quite likely, the statute simply made a point to include MJ within that statute and as such, would be a proper statute.

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I appreciate that. I tried to look at the statutes and there were too many to look through.

Anyhow, do you think I will get in trouble for this being my bf was with me and he said they are his meds? He put them in my purse so they don't get stolen and he knew they would be safe there. He had his medication stolen before.

You are charged with violating a specific statute. That's the statute you've been asked to identify.

I don't know if your story will fly. Is it what you told the police at the time? Were you on some sort of extended trip or vacation, such that the drugs couldn't be safe at home in his medicine cabinet?

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Quoting Mr. Knowitall

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You are charged with violating a specific statute. That's the statute you've been asked to identify.

I don't know if your story will fly. Is it what you told the police at the time? Were you on some sort of extended trip or vacation, such that the drugs couldn't be safe at home in his medicine cabinet?

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He needs take his medication every 4 hours and sometimes sooner so he needs to have it with him at all times. We did tell the police that he put his meds in my purse to hold.

Seems like there must be more to this story. Why was the police officer looking in your purse to start with? Were you or your boyfriend charged with violating other statutes also?

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Quoting Scott67

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Seems like there must be more to this story. Why was the police officer looking in your purse to start with? Were you or your boyfriend charged with violating other statutes also?

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The reason I got pulled over was b/c there was a break-in at an apartment complex I was at. They were stopping everyone to question them. The officer asked if he could search my car. I said yes b/c I didn't think I was doing anything illegal. Once again, I've never been charged with anything.

Well, I for one, am amazed at this one. I routinely pick up prescriptions for family members and so does my wife, when the person for whom they are prescribed is nowhere around. I have gone many places with others who needed to carry prescriptions with them. Passing bags around, putting medications in a woman's purse to go into a play, etc., is a normal way of going through the day for us. You carrying medicine in your purse for a person who was with you is, to me, normal activity.

If all is as you say, I'm thinking I won't be going back to Florida - I did live there awhile back. But, with criminal charges, you need an attorney to defend you. I would say to try contacting the prosecuter's office first, being very polite, and ask if they are really going to prosecute you for this. Maybe someone else has a better idea on ways to get through to them.

well, if we had an actual statute, we might find there is something within that statute that would make the simple act such as the OP has here not actually illegal.

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Quoting jk

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well, if we had an actual statute, we might find there is something within that statute that would make the simple act such as the OP has here not actually illegal.

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I'm going to try to get it. The papaerwork just has the charge, not tne statute. :rolleyes:

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Quoting Scott67

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Well, I for one, am amazed at this one. I routinely pick up prescriptions for family members and so does my wife, when the person for whom they are prescribed is nowhere around. I have gone many places with others who needed to carry prescriptions with them. Passing bags around, putting medications in a woman's purse to go into a play, etc., is a normal way of going through the day for us. You carrying medicine in your purse for a person who was with you is, to me, normal activity.

If all is as you say, I'm thinking I won't be going back to Florida - I did live there awhile back. But, with criminal charges, you need an attorney to defend you. I would say to try contacting the prosecuter's office first, being very polite, and ask if they are really going to prosecute you for this. Maybe someone else has a better idea on ways to get through to them.

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I agree! My b/f doesn't carry any type of bag and he doesn't just leave the medications laying around anywhere. I think it's b/c I am young (19) and the cops targeted me. I've been with my b/f for over 5 years and he isn't just anybody. I honestly didn't think I was breaking the law, that's the last thing I want to do. I'm only 19 and I don't want a felony for the rest of my life. I'm in college and I can't afford to lose my student loans. Also, who wants to hire a felon. It could ruin my life!:(

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Quoting gblvdgirl

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I'm going to try to get it. The papaerwork just has the charge, not tne statute. :rolleyes:



I agree! My b/f doesn't carry any type of bag and he doesn't just leave the medications laying around anywhere. I think it's b/c I am young (19) and the cops targeted me. I've been with my b/f for over 5 years and he isn't just anybody. I honestly didn't think I was breaking the law, that's the last thing I want to do. I'm only 19 and I don't want a felony for the rest of my life. I'm in college and I can't afford to lose my student loans. Also, who wants to hire a felon. It could ruin my life!:(

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Now, I'm not condemning you or even commenting on your choices. Just tossing out something to consider:


You say you have been with this BF for 5 years yet just last year your husband was in jail for DUI. If the police are familiar with you or are aware your husband is in jail for DUI, maybe they don't believe the "BF" thing. You would be surprised what a cop knows about people in his area if there is reason to be aware of them.

Just looking for a reason they might have charged you rather than believing your claim.

and;

did they check the BF's ID and confirm they were his scrips?

The underlying issue, and the reason for this type of statute, is the current significant trade in prescription medications as substances of abuse.

It still seems like there are some important facts that you are leaving out, maybe to test your story to see how it flies. Of course, it is easy to fool us - but we aren't the ones who count. The prosecuter will decide whether to press charges and he'll have the arresting officer's side of the story and possibly evidence. For example, maybe the drugs that were in the prescription bottles were not what the label showed. (Extasy in a bottle labeled Xanax, perhaps?)

At the age of 19 with a boyfriend you've been with since you were 14 and a husband who is in jail (presumably you married him while with this boyfriend, not before the age of 14), one might assume that there are things about your lifestyle that have caused you to have previous contacts with the police whether charges were filed before or not.

So, if it is exactly as you say, I remain surprised that you were cited. If, however, there is more to the story, that is what you will have to deal with in court.

<<Good point, Knowitall. Your response posted while I was leisurely typing mine.>>

Hon...After reading some of your posting Hx...You need to get help. Please talk to a Psychologist in your area.

That was my dad. (totally different incident) I was just using my mom's account. Please don't get it confused. I am not married and have never been. There is nothing else to the story, I've told it all. It was his medication with the correct pills in it.

so, did they check your BF's ID and confirm they were his prescriptions?

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Quoting jk

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so, did they check your BF's ID and confirm they were his prescriptions?

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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

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.

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Quoting gblvdgirl

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I believe this is statute number: 893.13-3695

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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?

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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:

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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.

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Quoting Who'sThatGuy

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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?

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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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Quoting jk

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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.

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That's good to know.

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Quoting gblvdgirl

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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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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?

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Quoting Who'sThatGuy

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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?

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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.

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Quoting jk

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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.

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I suspect we need to be looking at subsection 6:

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Quoting Florida Statutes, Sec. 893.13(6)

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(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.

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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.

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.

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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.

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that little change changed a lot.

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Quoting jk

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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.

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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.

gblvd, be truthful, were you under the influence the night the police arrested you when you were sitting in the car waiting for your boyfriend ?

Are you or you boyfriend known to the police to use/sell drugs ether in the apartment complex area or elsewhere?

Do you have a misdemeanor charge of possession?

What did you say to the police and did you sign a statement?

Answering these questions truthfully can help us understand what the arresting officer was thinking and might be able to steer you in the right direction.

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Quoting Who'sThatGuy

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gblvd, be truthful, were you under the influence the night the police arrested you when you were sitting in the car waiting for your boyfriend ?

Are you or you boyfriend known to the police to use/sell drugs ether in the apartment complex area or elsewhere?

Do you have a misdemeanor charge of possession?

What did you say to the police and did you sign a statement?

Answering these questions truthfully can help us understand what the arresting officer was thinking and might be able to steer you in the right direction.

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1. Not under the influence of anything. Don't know where that came from.
2. Not known to sell drugs, never had any charges against me ever before.
3. They charged me with 2 felonies.

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Quoting gblvdgirl

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1. Not under the influence of anything. Don't know where that came from.
2. Not known to sell drugs, never had any charges against me ever before.
3. They charged me with 2 felonies.

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I was just asking about being under the influence, Usually when a cop stops someone and that person has a prescription medication that they don't have a script for on them and they are also under the influence they have a probable cause to lock them up.

In your case you weren't under the influence so I think you have a very good chance of getting the charges dropped if everything you say is accurate and your not twisting anything around. However your not going to get this done alone, you will need a lawyer to argue your case.

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Quoting Who'sThatGuy

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I was just asking about being under the influence, Usually when a cop stops someone and that person has a prescription medication that they don't have a script for on them and they are also under the influence they have a probable cause to lock them up.

In your case you weren't under the influence so I think you have a very good chance of getting the charges dropped if everything you say is accurate and your not twisting anything around. However your not going to get this done alone, you will need a lawyer to argue your case.

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Thanks. I figured I may need a lawyer. They still haven't officially charged me. I do have an arraignment set

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Quoting gblvdgirl

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I do have an arraignment set

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that is where they officially charge you.

In post #14 you state:
"....I think it's b/c I am young (19) and the cops targeted me. I've been with my b/f for over 5 years and he isn't just anybody. I honestly didn't think I was breaking the law, that's the last thing I want to do. I'm only 19 and I don't want a felony for the rest of my life. I'm in college and I can't afford to lose my student loans....."

Yet you start this thread in January:
http://www.expertlaw.com/forums/showthread.php?t=93268

I just gotta ask, how exactly do you get disability at the ripe ol' age of 9?!?

And then there's this:
http://www.expertlaw.com/forums/showthread.php?t=93120

You certainly do have an entertaining set of issues going!:wallbang:

Maybe the OP is blowing smoke, I'm wondering though, according to the statute quoted, what does "deliver" mean? I've in the past picked up Rx's for my grandmother, before she died, for AB's & Pain meds (percocet related to a hip Fx), she NEVER drove in her life and was widowed the last 15 years of her life, I did a lot for her(it was my pleasure of course) but IF I had been stopped on the way back to her house, I could've been charged with a felony drug poss? sheesh...some things just don't seem right, it freaking common sense :wallbang: and to widen that out, in the past, some pharmacies have had home deliveries, so the guy delivering SOMEONE else's control substance could be charged also, if the cop arrested him?

Wellllllllll, those pesky "panic attacks" at the age of 9 can be a real messy thang.;)

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Quoting souperdave

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Wellllllllll, those pesky "panic attacks" at the age of 9 can be a real messy thang.;)

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I think the misuderstanding is b/c I used my mom's account. I should've gotten my own b/c everybody keeps bringing up past threads that were my moms. I didn't know that would occur. I wish everybody would just look at this thread and give me advice on it solely. I appreciate the advice I've gotten so far and please just read this thread b/c it pertains to me.

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Quoting NCC 1701

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Maybe the OP is blowing smoke, I'm wondering though, according to the statute quoted, what does "deliver" mean? I've in the past picked up Rx's for my grandmother, before she died, for AB's & Pain meds (percocet related to a hip Fx), she NEVER drove in her life and was widowed the last 15 years of her life, I did a lot for her(it was my pleasure of course) but IF I had been stopped on the way back to her house, I could've been charged with a felony drug poss? sheesh...some things just don't seem right, it freaking common sense :wallbang: and to widen that out, in the past, some pharmacies have had home deliveries, so the guy delivering SOMEONE else's control substance could be charged also, if the cop arrested him?

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I know it's insane. I recently found out that you're breaking the law if you put your pills in those Mon, Tues, Wed containers. It must be in a labled container. Everybody and their gradmother does that. My mom worked at an Animal Hospital and clients bring their pet's medications in those containers including pain meds and anxiety meds. (they are breaking the law!):wallbang:

Just an update, I went to court the other day and the state continued the case. They're not sure if they want to press charges or not.