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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1804
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Is it a crime in Florida to posess narcotic medications that

Customer Question

Is it a crime in Florida to posess narcotic medications that were legally prescribed to you for personal use only and is it legal for the police to leave the "labeled bottles" proving they are legal behind in the trunk of your car and is this considered as "exculpatory evidence"?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
If the narcotic medications can be legally prescribed, then it is not a crime for you to possess such medications if you have a valid prescription for them. It doesn't matter what the police do with the bottles ... if you have a legal prescription, you don't need the bottles to demonstrate the legality of possessing the drugs. The prescription itself (and the doctor who wrote it) can be used to defend against any charge that is brought for possession of such drugs. And yes, the bottles, the prescription itself and the doctor's testimony would all be considered exculpatory evidence.
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Customer: replied 8 years ago.

Thank you very much. However, is that Florida Law or California Law?


This has been going on since January and I was charged with several felonies inclding trafficking which I believe they reduced to Possession. However, the police saw labeled bottles with my name on them and took pills out and left the labeled bottles.


I have provided prescriptions for each and every medication and still my attorney has not yet gotten the charges dismissed, YET.


I have to get some sleep as I have to be up in 4 hours, however please keep in touch and thank you once again.

Expert:  Jim Reilly replied 8 years ago.
The law in that regard is the same in Florida as it is in California (and every other state in the country). There is one caveat, however, that your response brings to mind. You say that you were charged with "several felonies" ... that suggests that there is more to this case than the possession of some prescription medications.

Other than the possession of your prescribed medicine, what are you charged with?

Were you in possession of more of these medications than you could legally possess at one time? That is, were obtaining prescriptions for the same drug(s) from multiple doctors, which would not be legal?

What quantities of what drugs are you chaged with possessing?

If you have provided legal prescriptions (legal meaning for each individually and for all in the aggregate) for every drug involved in every charge against you, and there are no other charges pending which are not based on your possession of the prescribed medications, then the charges should ultimately be dismissed or you should be found not guilty.

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