Possesion Of A Controlled Substance

[Shaun Dungan]

i recently received a felony drug charge here in nacogdoches texas, that's east texas for those who don't know. i had 105 vicodin in a bottle in my glovebox, but i have a presription from my family doctor and orthopedic surgeon in austin texas.

 

a local attorney said that it is not illegal to have them in an unmarked bottle but never a good idea. he says that it's in the texas penal code, but whoa, that's like trying to find a needle in a haystack.

 

if anyone can advise me on this i would sure appreciate it, because in this little local rural community they're apparently looking to make a bust on anything.

 

thanks,

 

shaun

[LoArmistead]

I've been to Nacogdoches many a time! As far as the unmarked bottle, as far as I know it's illegal. All prescription medication needs to be in a .... <drumroll> marked bottle from the pharmacy. Good luck.

 

Some of those God forsaken lawyers have some interesting tricks up their sleeves, so I wouldn't lose all hope just yet.

[ClayMeow]

if you can present a valid prescription for all 105 (or more) then you should be able to get the charges dropped. However, they could still try and say you were attempting to distribute them...not sure the circumstances surrounding their discovery, but as the attorney said, having pills in an unmarked bottle isn't wise. I usually mix pills into one bottle when I travel, but it's still has a label on it, even if it's not correct

[LoArmistead]

Another reason than may warrant the cop's interest is the fact that Nacogdoches, well really any of the cities along the eastern and western borders of the state, are great venues for drug smuggling and distribution from our lovely neighbor to the south. If this were central Montana the cop might have not given a crap, but you're in a place where illegal drug charges outnumber moving violations. I would say be more careful next time.

[Verran]

First of all, you're a new member. Just joined today. I have to ask why you would join an overclocking site to ask a drug penal code question. That seems odd.

 

But to answer your question, I have to say that I can see where the cops are coming from. I mean you haven't given us much of the story at all, and no idication of HOW they found these pills, but from what you have said, it does seem pretty fishy. It seems like the only thing you can do is to present your prescription and explain why they weren't in the right bottle (which you haven't told us). The rest is up to the officials.

 

You should definately have a reason ready for why you switched bottles, and why you needed to carry all 105 with you in the car. I've heard of people carrying a handful for emergencies, but carrying a bottle of 105 is very suspicious, and even more so when they're in an unlabeled bottle.

 

From the information you've presented, plus what Lo has said about the area, I can't imagine that they'll have a hard time pinning a distribution charge on you.

[BrewMeister2010]

First of all, you're a new member. Just joined today. I have to ask why you would join an overclocking site to ask a drug penal code question. That seems odd.

 

But to answer your question, I have to say that I can see where the cops are coming from. I mean you haven't given us much of the story at all, and no idication of HOW they found these pills, but from what you have said, it does seem pretty fishy. It seems like the only thing you can do is to present your prescription and explain why they weren't in the right bottle (which you haven't told us). The rest is up to the officials.

 

 

My thoughts exactly on joining a tech forum to ask a law question. I'm sure there are some law forums out there that would have much better info for you.

 

For all the cops know those could be hits of E or something else. They only have your word to go on until a lab could analyze the pills. Unless you can produce a prescription covering the entire amount of pills, I think you will be in some trouble.

[ClayMeow]

Another reason than may warrant the cop's interest is the fact that Nacogdoches, well really any of the cities along the eastern and western borders of the state, are great venues for drug smuggling and distribution from our lovely neighbor to the south. If this were central Montana the cop might have not given a crap, but you're in a place where illegal drug charges outnumber moving violations. I would say be more careful next time.

Which is exactly why I said you'll most likely still get slapped with attempt to traffic charges, depending on the circumstances, regardless of whether you can present a prescription.

[bigred]

I have to ask WHY you had that many. each time I've had perscriptions for that crap it's been 20 at a time. the sheer volume of it makes it seem way to weird.

[road-runner]

I got a charge for having a few in a unmarked bottle in my pocket and all I had to do was give the presription to my lawyer and he got it dropped. It was possesion of dangerous drug is what they gave me.

[Shaun Dungan]

the whole story is that i just moved here from austin and don't have a doctor here so i got my prescriptions filled before i left. i hadn't been taking them because i got a cortizone shot from my orthopedic surgeon in georgetown this past january (they last six months). instead of having the vicodin in two and a half bottles, i put them in the one bottle and put them in my glove box. yes, i have a torn rotator cuff in my left shoulder and impingement something or another in both. i have copies of my mri's, doctor visits etc. etc. i was just asking, i've already retained a lawyer, $3500 later and will never put any pills in an unmarked bottle again. he stopped me because i had a black friend of mine in the car. and yes three attorney's have told me that was more than likely the reason. although i was at my work right in front of the police station. i have learned a hard lesson on being 38 years old and irresponsible, but i have no priors, no drug history etc. but thank y'all for your input. also, when i performed a search on jeeves, this web site was a hit. sorry for inadvertantly posting this message to a technical website.

smd

[BrewMeister2010]

Hey, no one's angry with you here, we just wanted to make sure you got pointed in a more applicable direction for better advice.

 

Sounds like it was a bit of an expensive lesson, but it's good you got it worked out.

 

Do you have any interest in technology and overclocking? Have you browsed the site at all? Take a look around, there's a lot of interesting stuff here. I actually joined to answer someone's question about homebrewing and ended up getting interested in the rest of the site as well.

[Rehit]

i have been investigated twice for my legal prescription to Percodan.

it seems a prescription over a certain amount per month triggers a flag in the system.

my prescription is in quantities of 60, which is almost unheard of.

i broke my neck playing quarterback in high school and have taken them as needed for 31 years.

i do not take them everyday.

i just use them when i cannot bear the pins and needles in my arms and legs.

nevertheless...

i was just visited by the DEA last month.

it seems that a legal prescription is also a warrant if needed.

i never take any meds from the house unless they are in the original container.

they are actually quite suspicious of labels that are not from the current month...