# Is it illegal to get caught carrying (not using!) someone else's prescription drugs? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 8, 2019, 4:23pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668 "2019-05-08T16:23:51Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [May 9, 2019, 12:35am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/21 "2019-05-09T00:35:51Z")
> [@Athena](#): > > His story is that this is a drug that the mother no longer needed to be taken, the guy had removed it from her daily pill stash, and had no idea it was in his car (he’s thinking he was going to take it somewhere for safe disposal or something and forgot he had it?) :dubious: All I’ll say is even though it’s something you think people who want to get high wouldn’t use, someone out there will try to get high with it. If not your friend, maybe someone your friend knows who’s willing to slip your friend a few bucks for grandma’s old medicine. I guess you’re too young to remember the days of chugging Robitussin cough syrup, which, at the very most, might have given you a little buzz while you were throwing up. And it IS a Schedule V drug. I’m sure your friend’s lawyer can plea-bargain this down to a misdemeanor traffic violation, or else the judge will render a fair decision after taking everything into account. Your friend’s story might be a tiny bit more credible if it were “I’ve been meaning to drop these off at a disposal place, but I haven’t gotten to it yet,” rather than, “Oh gosh, I didn’t even know I had these.” As for your worries, My pharmacy puts all prescriptions into a bag and staples it shut. If your pharmacy doesn’t, you should ask them to. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 9, 2019, 12:50am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/22 "2019-05-09T00:50:55Z")
Here is the relevant text of the law in my state: > [@](#): > > It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. I would argue that a caretaker possessing patient medication or a wife carrying her husband’s medication in her purse is possessing it “pursuant to, a valid prescription.” It seems clear to me that the patient acquired the medication lawfully and has designed the other party and his or her agent for the purposes of carrying the pills for him/her. My wife carries things of mine all of the time and it would seem an absurd result to require that the patient personally carry the medication at all times, even if physically unable. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 9, 2019, 1:08am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/23 "2019-05-09T01:08:33Z")
> [@UltraVires](#): > > Here is the relevant text of the law in my state: > > I would argue that a caretaker possessing patient medication or a wife carrying her husband’s medication in her purse is possessing it “pursuant to, a valid prescription.” It seems clear to me that the patient acquired the medication lawfully and has designed the other party and his or her agent for the purposes of carrying the pills for him/her. > > My wife carries things of mine all of the time and it would seem an absurd result to require that the patient personally carry the medication at all times, even if physically unable. In my state it is a recognized defense that you either have a valid prescription (such as when it’s yours but not in the original container) or that you are carrying it for a relative. But that’s what it is, a defense. There is a good chance it won’t get you out of the arrest but you can use it as your defense in court. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [May 9, 2019, 1:28am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/24 "2019-05-09T01:28:39Z")
God, if they looked in my cars. I have old meds bottles, new meds, the papers from refills. Syringes. Insulin pens. OTC drugs. Family members bottles. It’s one my duties to call-in and get refills for everyone, pets included. And then pick them all up. I just threw a bag of empty bottles in the burn barrel a few days ago. I guess I better get rid of all that stuff, asap. ---
**Author:** ![brossa](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/brossa/32/3040_2.png) [@brossa](https://boards.straightdope.com/u/brossa)\ **Post date:** [May 9, 2019, 3:11am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/25 "2019-05-09T03:11:19Z")
I imagine it’s one thing to have a labeled pill bottle still stapled into the bag from Walgreens with all the patient instructions still attached, and another thing to have a baggie of loose pills under the carpeting in the back seat. “But those are my mother’s pills, Officer! I was taking them to be destroyed!” ---
**Author:** ![BeeGee](https://avatars.discourse-cdn.com/v4/letter/b/b5a626/32.png) [@BeeGee](https://boards.straightdope.com/u/BeeGee)\ **Post date:** [May 9, 2019, 3:27am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/26 "2019-05-09T03:27:23Z")
If you’re being a dick or acting suspiciously, a cop may choose to ticket or arrest you for things he might let go otherwise. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 9, 2019, 3:35am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/27 "2019-05-09T03:35:40Z")
> [@Loach](#): > > In my state it is a recognized defense that you either have a valid prescription (such as when it’s yours but not in the original container) or that you are carrying it for a relative. But that’s what it is, a defense. There is a good chance it won’t get you out of the arrest but you can use it as your defense in court. What about the doctrine of constructive possession? For example, I’m sure you would agree that if you have a situation with two unrelated roommates, one of whom is a convicted felon, if the non-felon kept a gun in the open, or kept a gun in a public area of the apartment, then the felon could be charged with constructive possession of the gun. Why wouldn’t the same work with prescription medication? One roommate has a valid prescription for oxycodone and keeps in on the kitchen counter. It seems that if we keep the principle consistent, the other roommate is illegally in constructive possession of oxycodone. ---
**Author:** ![lingyi](https://avatars.discourse-cdn.com/v4/letter/l/d2c977/32.png) [@lingyi](https://boards.straightdope.com/u/lingyi)\ **Post date:** [May 9, 2019, 4:06am UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/28 "2019-05-09T04:06:44Z")
I’m picturing the “bag” the pills were in, even if they were still in the bottle, had a bunch of other little baggies. Intent to distribute. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [May 9, 2019, 12:30pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/29 "2019-05-09T12:30:43Z")
Speaking as a legal expert (I’ve watched a lot of “Cops” episodes), it’s a very common scenario for someone pulled over for a driving violation or outstanding warrants to have a pill bottle with an ancient prescription label (or no label)) containing what are loosely termed “narcotics” or drugs of abuse. It’s also commonplace for suspects to claim that the drugs belong to someone else, they were just borrowing the car, or even that someone threw drugs into the car as they were driving around. :dubious: Given how messy lots of these lowlifes’ vehicles are, it seems reasonable that they could overlook their buddies’ droppings, except that users are probably picky about not losing their stash that way. I have taken prescription drugs on trips, mixed together with vitamin pills in a single prescription container for convenience. I suppose if I’m stopped on suspicion of Suspicion, that could be grounds for arrest. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [May 9, 2019, 12:37pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/30 "2019-05-09T12:37:20Z")
> [@Jackmannii](#): > > It’s also commonplace for suspects to claim that the drugs belong to someone else, they were just borrowing the car, or even that someone threw drugs into the car as they were driving around. :dubious: I’ve read about cops noting the remarkable number of people walking around with someone else’s pants on. 😉 ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 9, 2019, 1:47pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/31 "2019-05-09T13:47:40Z")
> [@UltraVires](#): > > What about the doctrine of constructive possession? For example, I’m sure you would agree that if you have a situation with two unrelated roommates, one of whom is a convicted felon, if the non-felon kept a gun in the open, or kept a gun in a public area of the apartment, then the felon could be charged with constructive possession of the gun. > > Why wouldn’t the same work with prescription medication? One roommate has a valid prescription for oxycodone and keeps in on the kitchen counter. It seems that if we keep the principle consistent, the other roommate is illegally in constructive possession of oxycodone. Constructive possession only works for illegal contraband. It’s not illegal to be near someone’s valid prescription. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 9, 2019, 2:25pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/32 "2019-05-09T14:25:09Z")
I once had TSA question the pills in my carry-on. I had two seven day containers[like these](https://www.walmart.com/ip/Apex-7-Day-Pill-Organizer-Ultra-Bubble-Lok-1-organizer-Pack-of-2/944592573). I told the TSA guy what they were (hypertension meds), and he replied, “how do I know you’re telling me the truth?” I told him he had my word as a gentleman. He laughed and let me through. ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [May 9, 2019, 2:48pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/33 "2019-05-09T14:48:06Z")
> [@Czarcasm](#): > > “Relative of a friend” stories usually have elements missing and/or changed-the story as told doesn’t seem plausible. This ^ A schedule 5 drug includes pain killers, so there would be reason to be suspicious of someone carrying the prescription for someone else. I’m just wondering if the person in question didn’t have prior issues/arrests for narcotics. ---
**Author:** ![Emergency911](https://avatars.discourse-cdn.com/v4/letter/e/43a26b/32.png) [@Emergency911](https://boards.straightdope.com/u/Emergency911)\ **Post date:** [May 9, 2019, 4:14pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/34 "2019-05-09T16:14:52Z")
> [@puzzlegal](#): > > Wow, I am still using some pill bottles I got in the 70s. They were sample bottles, and they are very small and have a simple screw-top, not the complicated child-proof ones. > > I’m not especially worried about being caught with them, because I use them to carry pills that are legal to buy without a prescription, but I think it’s weird to rotate pill bottles for your “travel stash” or “emergency office stash”, or whatever. > > Hmm, and I am still using some opiate drugs (codeine cough syrup) that was prescribed to me more than 10 years ago. I mean, I still have it because I rarely use it, but it’s nice to have cough syrup in the house, and the stuff keeps forever. (When they stopped dissolving it in alcohol, I started mixing it 50/50 with whisky when the bottle is down to half-full, to reduce the growth of pathogens. Yeah, this isn’t the first bottle I’ve kept for more than 10 years.) It’s not so much the bottle as it is the label on the bottle. Most of the laws like this are fairly obscure, but if you give an officer a reason to arrest you, these are the laws that usually come out of the shadows and are used as a ‘gotcha’. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [May 9, 2019, 4:51pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/35 "2019-05-09T16:51:19Z")
> [@kayaker](#): > > I once had TSA question the pills in my carry-on. I had two seven day containers[like these](https://www.walmart.com/ip/Apex-7-Day-Pill-Organizer-Ultra-Bubble-Lok-1-organizer-Pack-of-2/944592573). I told the TSA guy what they were (hypertension meds), and he replied, “how do I know you’re telling me the truth?” I told him he had my word as a gentleman. He laughed and let me through. I’m surprised he bothered to ask. I travel all the time, and carry one of those. So do most people of a certain age. And unless you’re is huge (I didn’t check the link) they are obviously small quantities for personal use. > [@Emergency911](#): > > It’s not so much the bottle as it is the label on the bottle. Most of the laws like this are fairly obscure, but if you give an officer a reason to arrest you, these are the laws that usually come out of the shadows and are used as a ‘gotcha’. Awesome. Well, the cough syrup lives at home, in the linen closet, so I’m unlikely to have it with me if I’m ever arrested. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 9, 2019, 5:08pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/36 "2019-05-09T17:08:24Z")
> [@kayaker](#): > > I once had TSA question the pills in my carry-on. I had two seven day containers[like these](https://www.walmart.com/ip/Apex-7-Day-Pill-Organizer-Ultra-Bubble-Lok-1-organizer-Pack-of-2/944592573). I told the TSA guy what they were (hypertension meds), and he replied, “how do I know you’re telling me the truth?” I told him he had my word as a gentleman. He laughed and let me through. Yes, I have heard warnings about not travelling with prescription meds outside the bottle (also hypertension meds in my case). This would be relevant for crossing the border. I have them mixed with my assorted vitamins - multivitamin, glucosamine, Omega 3 capsule… all in those 7-day pill container. (For extended trips, I double up pills and keep only the multivitamin) However I’ve never had my luggage searched or anything. I would imagine quit a few people carry a small pill holder with aspirin or ibuprofen for headaches. It kind of bothers me that you would say the TSA is looking at this. Their purpose is to stop you from taking weapons or explosives on an aircraft. If they are questioning you about what could be legitimate pharmaceuticals and is obviously not threatening, what they are doing is wasting everyone’s time and holding up the already slow line for something outside their area of responsibility and expertise. I guess for the OP - the point is that the cop has no way of knowing what he is looking at, whether they are usable as narcotics or if they are simply some sort of arthritis or blood pressure medication, glaucoma med or antibiotic that has no psychoactive value. Until the lab report comes back, the guy will be treated as if he has interesting drugs in the car. I don’t imagine the tests “here’s a bunch of random prescription pills. Verify what they are…” is a trivial exercise. The problem is, having spent a tidy bundle on drug lab tests, is the DA willing to let things go for someone who has cost the office some hundreds or thousands of dollars, or will he seize on the most minimal excuse to extract a pound of flesh in retaliation? ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 9, 2019, 5:36pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/37 "2019-05-09T17:36:16Z")
> [@puzzlegal](#): > > I’m surprised he bothered to ask. I travel all the time, and carry one of those. So do most people of a certain age. And unless you’re is huge (I didn’t check the link) they are obviously small quantities for personal use. I got the impression he was flexing. Twenty something TSA dude, he was actually cool, just pointed out that technically I was in the wrong. I still do this. ---
**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\ **Post date:** [May 9, 2019, 11:07pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/38 "2019-05-09T23:07:29Z")
> [@kayaker](#): > > I got the impression he was flexing. Twenty something TSA dude, he was actually cool, just pointed out that technically I was in the wrong. I still do this. I don’t think you were in the wrong. [https://www.tsa.gov/blog/2014/09/05/tsa-travel-tips-traveling-medication](https://www.tsa.gov/blog/2014/09/05/tsa-travel-tips-traveling-medication) > [@](#): > > TSA does not require passengers to have medications in prescription bottles, but states have individual laws regarding the labeling of prescription medication with which passengers need to comply. ---
**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\ **Post date:** [May 9, 2019, 11:09pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/39 "2019-05-09T23:09:41Z")
The fact that he “preps her daily pills” makes it plausible that he could have had the pills not in a bottle. You take the pills out, put them in one of those daily dispenser things with Monday, Tuesday, etc on them, and then if she stops taking them you might well take the pills out and throw them in something or other to dispose of. I have loads of Tramadol around and that’s well know as a street drug as well as a prescription painkiller (I’ve looked it up and I think it might be known as Ultram in the US). For a cop it could certainly look suspicious though, so an arrest isn’t unreasonable. But since he really is his mother’s primary caregiver I would hope that they wouldn’t bother taking it to court. That’s the important part, not the arrest. ---
**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\ **Post date:** [May 9, 2019, 11:15pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668/40 "2019-05-09T23:15:41Z")
> [@md2000](#): > > Yes, I have heard warnings about not travelling with prescription meds outside the bottle (also hypertension meds in my case). This would be relevant for crossing the border. I have them mixed with my assorted vitamins - multivitamin, glucosamine, Omega 3 capsule… all in those 7-day pill container. (For extended trips, I double up pills and keep only the multivitamin) However I’ve never had my luggage searched or anything. > > I would imagine quit a few people carry a small pill holder with aspirin or ibuprofen for headaches. > > It kind of bothers me that you would say the TSA is looking at this. Their purpose is to stop you from taking weapons or explosives on an aircraft. If they are questioning you about what could be legitimate pharmaceuticals and is obviously not threatening, what they are doing is wasting everyone’s time and holding up the already slow line for something outside their area of responsibility and expertise. > > I guess for the OP - the point is that the cop has no way of knowing what he is looking at, whether they are usable as narcotics or if they are simply some sort of arthritis or blood pressure medication, glaucoma med or antibiotic that has no psychoactive value. Until the lab report comes back, the guy will be treated as if he has interesting drugs in the car. > > I don’t imagine the tests “here’s a bunch of random prescription pills. Verify what they are…” is a trivial exercise. The problem is, having spent a tidy bundle on drug lab tests, is the DA willing to let things go for someone who has cost the office some hundreds or thousands of dollars, or will he seize on the most minimal excuse to extract a pound of flesh in retaliation? Not in the US (UK flying to Italy), but I once had to throw away asthma inhalers because I didn’t have a prescription on me. Had to go to a doctor as soon as I arrived so that I didn’t die. And most people carry asthma inhalers around without a prescription (I mean they’re prescribed but you don’t carry the paper with you) all the time. Airport customs people aren’t people you can argue with because the act of arguing with them can get you in trouble, no mater whether you’re right or not. [Previous page](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668.md?page=1) [Next page](https://boards.straightdope.com/t/is-it-illegal-to-get-caught-carrying-not-using-someone-elses-prescription-drugs/833668.md?page=3)