Illinois woman faces felony drug charge after cops mistake pistachio shells for marijuana: lawyer

londonfog

Well-Known Member
Twice a day I have to transport oxycontin and oxycodone over to my mom's house and administer it- I've been doing it for ~2 years now and I've wondered what would happen if the cops stopped me for some reason
If your name is not on that medication, you could very well be taking a ride with the police
 

DiogenesTheWiser

Well-Known Member
Twice a day I have to transport oxycontin and oxycodone over to my mom's house and administer it- I've been doing it for ~2 years now and I've wondered what would happen if the cops stopped me for some reason
If you're in the Deep South or Kansas, they'll search your car, and likely arrest you and charge you with felony possession of Schedule II narcotics. You'd have to get a lawyer and let the judge and prosecutor straighten everything out, and would likely cost you hundreds of thousands of dollars in legal fees and court costs.
 

greg nr

Well-Known Member
Remember Rush Limbaugh got busted on a felony charge because he had a prescription bottle of Blue Erectile Dysfunction pills with him coming back from Jamaica (which btw has a terrible child sex problem) that had someone else's name on it. He said he was too embarrassed to get a script in his own name - probably because his wife would find out and she never would never have sex with him.

But he still caught a felony for it. ED pills. NOT a controlled substance. Think about it.
 

whitebb2727

Well-Known Member
If your name is not on that medication, you could very well be taking a ride with the police
Not always. If all the pills are there and none missing and you can show that you are the one taking care of the relative you should be fine. I got pulled over with percs after my mom's surgery and they didn't say a word. I showed them the prescription.

They could arrest you. It would be thrown out. Its not against the law to have a relatives or even a friends prescription. If it was the pharmacy wouldn't let you pick it up.

I would say in the woman's case the label was pulled off or it had been filled days earlier.

If it was filled and you are on the way to drop it off I don't see how they can arrest you.
 

ANC

Well-Known Member
They call this quota based policing bean counting in the UK.
It is all about the numbers and the majority of it is victimless crime.
 

londonfog

Well-Known Member
Not always. If all the pills are there and none missing and you can show that you are the one taking care of the relative you should be fine. I got pulled over with percs after my mom's surgery and they didn't say a word. I showed them the prescription.

They could arrest you. It would be thrown out. Its not against the law to have a relatives or even a friends prescription. If it was the pharmacy wouldn't let you pick it up.

I would say in the woman's case the label was pulled off or it had been filled days earlier.

If it was filled and you are on the way to drop it off I don't see how they can arrest you.
very reason I said you could be. All boils down to the officer who stopped you. They could arrest you and you will take that ride. All chance it will be tossed but you still taking that ride and going thru the bullshit. And they do have laws Federal and State against having a prescription for someone else prescription. Prescription medication is a controlled substance. prescription drugs are prescribed to an individual.
Here is an interested read where the charges were tossed but the ride was still taken.
https://www.uspharmacist.com/article/the-prescription-defense
 
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greg nr

Well-Known Member
very reason I said you could be. All boils down to the officer who stopped you. They could arrest you and you will take that ride. All chance it will be tossed but you still taking that ride and going thru the bullshit. And they do have laws Federal and State against having a prescription for someone else prescription. Prescription medication is a controlled substance. prescription drugs are prescribed to an individual.
Here is an interested read where the charges were tossed but the ride was still taken.
https://www.uspharmacist.com/article/the-prescription-defense
And in many places, your car and cash could be seized, regardless of whether charges stick.
 

whitebb2727

Well-Known Member
very reason I said you could be. All boils down to the officer who stopped you. They could arrest you and you will take that ride. All chance it will be tossed but you still taking that ride and going thru the bullshit. And they do have laws Federal and State against having a prescription for someone else prescription. Prescription medication is a controlled substance. prescription drugs are prescribed to an individual.
Here is an interested read where the charges were tossed but the ride was still taken.
https://www.uspharmacist.com/article/the-prescription-defense
I understand that.

We all understand that sometimes a relative has to pick medicine up if someone had surgery or isn't able to do it themselves.

The right thing to do would be for the cop to let a person go if the prescription was just filled and you are transporting it.

A few days after and you still have it and some pills missing then do something about.

We all know how cops are. Assest forfeiture and things like that.




That link even says that the law allows for another person to be in control of the prescription for anyone or animal in the home. Its bull shit it went that far.
 
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Padawanbater2

Well-Known Member
I think it would be pretty dumb for any judge to allow the evidence a search yielded based on the appearance of pistachio shells. If he/she did, they'd basically be setting the precedent that it's obviously OK for police to subvert citizens 4th amendment rights based solely on the officers opinion, not observable fact. Just like it would be unconstitutional for a cop to stop and frisk you for being the wrong color. The color of your skin doesn't give you probable cause, just like having pistachio shells in the cup holder, and you pretend like you think it's actually marijuana doesn't.
 

Padawanbater2

Well-Known Member
Why is getting high a crime in the first place?
Using marijuana is a crime because hippies and African Americans were the main users during Nixon's administration, and he knew neither of those groups were likely to vote for him, so by outlawing it and scheduling it in the same category as heroin, it effectively criminalized the behavior of many of his political detractors thereby ensuring (in his mind) another political victory come reelection. Before that, Harry Anslinger introduced the idea because hemp threatened his profits in the paper industry

It has absolutely nothing to do with the safety of American citizens. They simply dupe the rubes under the guise of safety, and they eat it up because they accept the propaganda. In reality, the criminalization of marijuana (and indeed, nearly all drugs) is rooted in racism/sexism, fear of competition and corporate greed.
 

Padawanbater2

Well-Known Member
Twice a day I have to transport oxycontin and oxycodone over to my mom's house and administer it- I've been doing it for ~2 years now and I've wondered what would happen if the cops stopped me for some reason
Wonder no more. I spent a few days alongside a guy in an Oklahoma jail one time who was there for doing exactly that; transporting oxycontin to his sick mother (so he said at least). This guy was going through pretty extreme withdrawal at the time, so I'm pretty sure it was more than what he was giving me, but I would bet on it that most cops would take you to jail for it.
 
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