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Possessing controlled substances without a prescription

On Behalf of | Sep 17, 2022 | Criminal Defense

When a doctor writes a prescription, the prescribed medicine is only intended for one authorized person. There are inherent dangers with using another person’s medication because a doctor has not decided whether the person could use the drug or not. Some may face allergic reactions or worse. And then there’s the issue of potential addiction to certain controlled substances. Those who use another’s prescription medication may face legal consequences in North Carolina.

Giving others prescription medication

Numerous prescription drugs fall into the hands of those who should not receive them. The opioid epidemic reflects the widespread use and misuse of prescription drugs without doctor approval or supervision. Several stimulants represent prescription drugs also abused by those who should not have them.

Sometimes, someone may receive a prescription for drugs they do not use and opt to sell them. Unethical doctors might prescribe unnecessary prescriptions and huge volumes to many patients, leading to widespread addiction and rampant distribution of prescription pills.

Drug charges may result when someone is caught possessing prescription pills that are not theirs. As with other drug offenses, there may be available defense options.

Defenses to drug charges

A common defense to the accusation that someone did not have a prescription involves proving the individual does possess one. A person carrying loose pills might be unable to verify they have a prescription, resulting in the arrest. Presenting the prescription in court may result in a dismissal of charges.

Even when someone does not have a valid prescription, the person always has constitutional rights. That means the police must have probable cause to perform an arrest. Sometimes, the police require a search warrant to seize evidence.