Taking Prescribed Narcotics While on Probation

My question involves criminal law for the state of: Illinois
Currently I am on parole in Illinois, is it considered a violation of my parole if I am taking prescription painkillers due to herniated discs, or benzodiazepines due to generalized anxiety disorder?

You should have consulted and informed you parole officer.

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Quoting Hutchins42007

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My question involves criminal law for the state of: Illinois
Currently I am on parole in Illinois, is it considered a violation of my parole if I am taking prescription painkillers due to herniated discs, or benzodiazepines due to generalized anxiety disorder?

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That depends on exactly what your parole conditions are. Read them carefully to see what they say. If you still aren’t sure, take your parole paperwork to a local criminal defense attorney and ask.

The stock Illinois probation conditions permit the use of prescribed drugs, though you should definitely review your actual conditions to see if there are further limitations. As these are SURE to come up in the most trivial of urine tests that you are subject to, I would certainly be proactive in telling my PO that I was being prescribed things. Things go badly for you when you come up dirty and then are perceived as making excuses after the fact.

The only thing in my parole stipulations is to get a drug evaluation done because I served my time on a delivery of cannabis charge, and from what I hear, they make anyone who is on a drug charge do that. Otherwise, in my list of things to abide by, it does say refrain from using narcotics, but it does not specify if legal prescriptions are ok. I will definitly notify my officer today.

The standard prohibitions are explicit permitting prescribed drugs. If you have a condition saying no narcotics, there is NO WAY I'd take any opioid-based pain killers without clearing it with my PO **FIRST**.

You need to show the prescription and get the ok from your parole officer,it's gonna be an issue if you test positive for something when they drug test you.

I mean, it just says this to be exact, "you shall refrain from the use or possession of narcotics or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the department of corrections." That's just one of like 25 different things, like stay away from firearms, report to my parole officer, don't knowingly associate with other parolees. Just a standard list for all parolees that they all have to follow, so I just assumed that prescription medication would be allright. But assumptions get you nowhere so I will definitly let him know.

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I feel like an idiot though, I was assuming this would be ok though and I've been taking the medication for almost a week, I'm waiting for him to call back, should I be honest to him about thinking it would be fine if he asks if I have taken it already?

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Quoting Hutchins42007

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I mean, it just says this to be exact, "you shall refrain from the use or possession of narcotics or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the department of corrections."

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If that is all it says then it appears to ban ALL use of narcotic or controlled substances, even those that are by prescription. Frankly, I would review this with an attorney before you go to the PO. If you ask the PO about it, you may well lead him to suspect you may be violating the parole conditions if, indeed, you are prohibited from taking the drug. And giving your PO reason to think you might be violating the parole conditions can turn out badly.

Well I already left my officer a message asking if it would be okay to take a prescribed painkiller narcotic because of the herniated discs in my back, so I guess now I just wait.

I both agree and disagree with some of the responses you have received so far.

A probation officer cannot penalize you for taking a prescribed drug for a valid medical condition. The issue is really whether or not you have a valid medical condition, or whether you doctor shopped to get a prescription. The smarter thing, if you have a valid medical condition is to explain to your doctor that you are on probation and its conditions, so that your doctor prescribes to you the safest drug for you to take under your circumstances.

In addition, the circumstances will make a difference as well. If you are in a wheelchair because you have a compound leg fracture, its going to get a different reaction from your probation officer than if you are limping because you twisted your ankle.

Thank you, yes I do have a legitimate medical reason too. I explained to my doctor as well on my last appointment that I was on parole. I'm just going to wait an talk to my parole officer, I feel he may want a letter from my doctor I hope an I can just continue taking my medication, nothing OTC helps.

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Quoting llworking

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A probation officer cannot penalize you for taking a prescribed drug for a valid medical condition.

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The terms of probation absolutely can prohibit the use of any medications, prescription or not, that have not been approved by the court or probation officer. Courts, and in particular drug courts, have little patience for drug-seeking, doctor shopping probationers.

Well I guess it's good for me I'm not a doctor shopper and I actually do have a real condition.

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Quoting Hutchins42007

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should I be honest to him about thinking it would be fine if he asks if I have taken it already?

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considering that he will probably follow up that question with a drug test, lying about it would be quite foolish.

The PO will likely also reach out to his doctor for information on how long and if he really needs to be on this medication. The OP may have already signed for his medical record release when he signed paperwork on his first probation visit, if not, the PO will get that signature on the next visit.

The PO can also ascertain if you are abusing the pills, he/she can speculate whether or not you are selling them for personal gain. Violate your parole if you fail to comply with a release of information.