# Is it illegal to keep your expired painkillers?

**URL:** <https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151>\
**Category:** Factual Questions\
**Created:** [June 6, 2010, 6:57am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151 "2010-06-06T06:57:54Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\
**Post date:** [July 27, 2010, 1:27am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/21 "2010-07-27T01:27:54Z")

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Why would it be illegal? Totally unenforceable. What jobs test for pills though? Lots of pain killers will show up positive for an opioid but after showing them the bottle and saying you had a migraine I cannot expect anyone getting fired for that. Maybe for jobs that require you to use machinery but even that

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**Author:** ![Amblydoper](https://avatars.discourse-cdn.com/v4/letter/a/fbc32d/32.png) [@Amblydoper](https://boards.straightdope.com/u/Amblydoper)\
**Post date:** [July 27, 2010, 3:02am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/22 "2010-07-27T03:02:47Z")

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What does a job related drug test have to do with legality of expired prescription drugs?

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**Author:** ![Khadaji](https://avatars.discourse-cdn.com/v4/letter/k/9e8a1a/32.png) [@Khadaji](https://boards.straightdope.com/u/Khadaji)\
**Post date:** [July 27, 2010, 11:52am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/23 "2010-07-27T11:52:35Z")

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If it \*is \*illegal, my GP needs to be told. I asked her how to dispose of them and she said the best thing to do was to seal them up and store them out of reach of children…

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**Author:** ![purplehorseshoe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/purplehorseshoe/32/2996_2.png) [@purplehorseshoe](https://boards.straightdope.com/u/purplehorseshoe)\
**Post date:** [July 27, 2010, 4:22pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/24 "2010-07-27T16:22:57Z")

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Oh, Lordy, if it’s illegal to keep expired meds, my mother can expect the paddywagon at any minute. I’ve found ointments and OTCs and things in her medicine cabinet that had been expired close to a decade. Lock her up! Throw away the key!

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**Author:** ![Long\_Time\_Lurker](https://avatars.discourse-cdn.com/v4/letter/l/2bfe46/32.png) [@Long\_Time\_Lurker](https://boards.straightdope.com/u/Long_Time_Lurker)\
**Post date:** [July 27, 2010, 4:31pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/25 "2010-07-27T16:31:59Z")

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> [@usedtobe](#):
>
> Um, the fact that,absent some authority, it IS illegal to have them. If it was illegal to have them the day BEFORE the 'script was written, and I’m reasonably certain that I would not get too far arguing that “But your honor, I HAD a script for them in 1983, so it must be OK for me to have them now”.
> 
> This is a matter that ‘it didn’t used to be legal for me to have them, then it was’ - at what time does that permission expire?
> 
> Any cop who would let me slide with “those are just unused ones from 1983” is probably not destined for a long career.

Their burden of proof. I think any cop that routinely arrested someone that had pills in a prescription container with his or her name on it is probably not destined for a long career.

I assume medical records are kept around long enough for emergency vindication in any event.

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**Author:** ![Sister\_Vigilante](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Sister\_Vigilante](https://boards.straightdope.com/u/Sister_Vigilante)\
**Post date:** [July 27, 2010, 5:01pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/26 "2010-07-27T17:01:46Z")

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When my grandmother died the hospice nurse washed all her remaining prescription drugs down our kitchen sink.

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**Author:** ![Banquo](https://avatars.discourse-cdn.com/v4/letter/b/b9e5f3/32.png) [@Banquo](https://boards.straightdope.com/u/Banquo)\
**Post date:** [July 27, 2010, 7:25pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/27 "2010-07-27T19:25:38Z")

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> [@Qwakkeddup](#):
>
> If you have kept drugs beyond the expiry date, I would think you aren’t addicted or abusing them.
> 
> Just watch for signs of deterioration.
> 
> With younger children in the house, it may be prudent to actually lock them up for storage or dispose of them though.

Sorry, i misread your quote earlier. I am curious as to how certain drugs will deteriorate. I haven’t actually taken these specific drugs in several months. They have NOT been stored in a cool, dry place. If I went anywhere, they went with me just in case so they’ve been in my pockets on hot days and damp days. Aside from the legal implications, Iv’e been looking for information on weather or not they might degrade, oxidize, ferment, ect. into something toxic

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [July 28, 2010, 4:57am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/28 "2010-07-28T04:57:10Z")

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> [@Sister\_Vigilante](#):
>
> When my grandmother died the hospice nurse washed all her remaining prescription drugs down our kitchen sink.

That makes sense, as the point is that only you can take medicine prescribed for you. Plus, if you’ve saved up your own medicine by not taking it all, you probably aren’t addicted (as mentioned upthread). You have no such assurances if it’s the medicine of someone who can no longer take them, given to someone else.

I personally never use all of my cough syrup, and keep it around so I don’t have to buy new since my insurance won’t cover it. I usually wind up having to throw it out.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [July 28, 2010, 2:35pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/29 "2010-07-28T14:35:11Z")

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In Ohio, there’s now an ad campaign asking people NOT to flush their unused meds down the toilet, or wash them down the sink - depending on where you live, it might end up in a lake and can cumulatively hurt wildlife. See here: [http://wrd.clermontcountyohio.gov/PrescriptionDrugs.aspx](http://wrd.clermontcountyohio.gov/PrescriptionDrugs.aspx)

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**Author:** ![yabob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yabob/32/2821_2.png) [@yabob](https://boards.straightdope.com/u/yabob)\
**Post date:** [July 28, 2010, 3:52pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/30 "2010-07-28T15:52:00Z")

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> [@Amblydoper](#):
>
> What does a job related drug test have to do with legality of expired prescription drugs?

Well, maybe not a lot to do with the actual legality, per se. But let’s say you test positive for opiates. Then you say “Yeah, I had this legal prescription for oxycontin 4 years ago, see this bottle? I didn’t use it all, and a couple days ago when I got a sore back I remembered I had some left.”. I think the point was that they are very likely not to believe that, even if the bottle has some oxycontin pills in it, that you could have obtained illegally.

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**Author:** ![Triskadecamus](https://avatars.discourse-cdn.com/v4/letter/t/b19c9b/32.png) [@Triskadecamus](https://boards.straightdope.com/u/Triskadecamus)\
**Post date:** [July 28, 2010, 4:01pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/31 "2010-07-28T16:01:13Z")

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Medical advisability, and legality are separate issues. Some drugs require prescriptions, some of them are controlled substances, and cannot be possessed without a valid prescription. A valid prescription contains dates to begin, and end use of the drug. The license to possess this substance only covers the period between those dates, not the date of expiration of the drug lot. While it is unlikely that you will be prosecuted for possession of a Tylenol III after the date you prescription expires, it is legally possible.

Tris

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**Author:** ![Banquo](https://avatars.discourse-cdn.com/v4/letter/b/b9e5f3/32.png) [@Banquo](https://boards.straightdope.com/u/Banquo)\
**Post date:** [July 28, 2010, 6:40pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/32 "2010-07-28T18:40:51Z")

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> [@Triskadecamus](#):
>
> A valid prescription contains dates to begin, and end use of the drug. The license to possess this substance only covers the period between those dates, not the date of expiration of the drug lot.  
> Tris

Is the “discard by” date the license expiration or the drug expiration date?

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [July 28, 2010, 9:07pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/33 "2010-07-28T21:07:18Z")

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When I broke a bone in my ankle, they operated and inserted a plate. Then they sent me home with 50 vicodin. I still have the whole 50, pretty good evidence that I am not addicted. Don’t cops have better things to do? Now if I tried to sell them (I am told they are pretty valuable on the black market), that would plainly be illegal.

Why have I kept them for 6 years? Well, during the summer of '93, I had a very bad back. Very bad. Our family doctor was on vacation and no doctor would write prescription with a visit. At the time I could not either sit or stand for more than about a minute without excruciating pain. You cannot believe how fast I was defecating and showering. Finally, our doctor came back, he prescribed a pain killer and only then, things gradually improved. Never again will I be caught without a strong painkiller.

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**Author:** ![Baffle](https://avatars.discourse-cdn.com/v4/letter/b/dec6dc/32.png) [@Baffle](https://boards.straightdope.com/u/Baffle)\
**Post date:** [July 29, 2010, 8:21am UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/34 "2010-07-29T08:21:16Z")

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> [@Sister\_Vigilante](#):
>
> When my grandmother died the hospice nurse washed all her remaining prescription drugs down our kitchen sink.

This is of course a terrible idea; the drugs pass through sewage treatment unchanged and enter into downriver water supplies. Return drugs to your pharmacist for proper disposal (or just keep 'em, they might come in handy).

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**Author:** ![ScottC](https://avatars.discourse-cdn.com/v4/letter/s/b2d939/32.png) [@ScottC](https://boards.straightdope.com/u/ScottC)\
**Post date:** [July 31, 2014, 1:55pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/35 "2014-07-31T13:55:01Z")

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> [@Qwakkeddup](#):
>
> If you have kept drugs beyond the expiry date, I would think you aren’t addicted or abusing them.
> 
> Just watch for signs of deterioration.
> 
> With younger children in the house, it may be prudent to actually lock them up for storage or dispose of them though.

I work in the Drug Testing industry and the problem with Old Med BOTTLES is that ppl often keep OLD bottles and refill with Pills which have been illegally purchased on the street.

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**Author:** ![Habeed](https://avatars.discourse-cdn.com/v4/letter/h/a587f6/32.png) [@Habeed](https://boards.straightdope.com/u/Habeed)\
**Post date:** [July 31, 2014, 2:52pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/36 "2014-07-31T14:52:21Z")

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> [@Lacunae\_Matata](#):
>
> Definitely not illegal. The expiration date is only a good estimate of when some component of the medication might begin to be less effective. Keep your prescription meds in a container with your name on it (preferably the one you received from the pharmacy) if you’re worried about the legalities, but the Expired Drug Police won’t come after you just because your meds allegedly went off yesterday.

Given how short the expiration dates are, and how they do not vary depending on the compound, the dates are essentially bullshit. All they mean is the drug company has tested out to that date and is pretty sure the medicine is still valid. I suspect that many of these compounds will continue to work centuries later.

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**Author:** ![kinoons](https://avatars.discourse-cdn.com/v4/letter/k/a698b9/32.png) [@kinoons](https://boards.straightdope.com/u/kinoons)\
**Post date:** [July 31, 2014, 8:14pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/37 "2014-07-31T20:14:10Z")

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Apparently if stored properly you can stretch cipro out at least 8 years past expiration. My limited understanding of medication expiration dates is this – a drug company will test a drug for a set period of time, lets say three years. If the drug is still good at three years and they choose to stop testing at that point, its just called three years. The drug may be good for another decade, they just stopped testing to see if it is.

[http://www.defense.gov/news/newsarticle.aspx%3Fid=44979](http://www.defense.gov/news/newsarticle.aspx%3Fid=44979)

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**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\
**Post date:** [July 31, 2014, 8:38pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/38 "2014-07-31T20:38:02Z")

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Cecil did a column on expired meds, in case anyone finds that helpful.

> **[Will using expired drugs kill you?](https://www.straightdope.com/21344127/will-using-expired-drugs-kill-you)**

IANAL, but I don’t think keeping expired prescription drugs on hand is illegal. Just keep them out of reach of those for whom they were NOT prescribed.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [July 31, 2014, 9:02pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/39 "2014-07-31T21:02:12Z")

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> [@Baffle](#):
>
> Return drugs to your pharmacist for proper disposal (or just keep 'em, they might come in handy).

I am trying to dispose of a mountain of drugs left over after my wife died, but no pharmacy I’ve called (CVS, Walgreens and Rite-Aid) has any policy of accepting drugs for disposal. They directed me to local law enforcement, but even then I only found one police department with such a policy.

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**Author:** ![curious11](https://avatars.discourse-cdn.com/v4/letter/c/ac91a4/32.png) [@curious11](https://boards.straightdope.com/u/curious11)\
**Post date:** [July 31, 2014, 9:03pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-keep-your-expired-painkillers/542151/40 "2014-07-31T21:03:19Z")

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Not illegal if the drugs are the drugs that were originally dispensed in the container. However if you are getting the same drugs illegaly and then keeping them in the expired bottle to cover your tracks, then that is illegal.

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