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  • Prescription Drugs: Is Sharing My Prescription a Crime?

    Written on June 27, 2014

    The drug laws in Georgia cover a wide range of substances and scenarios. A drug related arrest doesn’t always mean someone was using cocaine or selling marijuana on a street corner. Sometimes, people may even find themselves in jail on a drug related charge without knowing that what they were doing was technically illegal.


    Physicians prescribe narcotics for a variety of reasons. Once that prescription is filled and the drugs are in your possession, there are some important things that you need to remember. Certain drugs that are prescribed to you, according to Georgia law, need to be kept in the original container. If you bring the pills home, remove them from the prescription bottle and keep them someplace else in your residence, you probably don’t have anything to worry about. It’s taking those pills outside the home that can get you in trouble.

    According to Georgia law, controlled substances or dangerous drugs must only be possessed by the person they were prescribed to and must be kept in the original container in which they were dispensed by the pharmacist. So what is exactly is a controlled substance or dangerous drug? Narcotics in Georgia are broken down into categories.

    A Schedule II drug, for instance, could be Oxycodone, morphine or codine. Schedule III drugs include hydrocodone and ketamine. Just imagine being pulled over for a minor traffic violation and getting arrested because you have a drug lawfully prescribed to you in something other the original container. An average day can quickly become a nightmare if you find yourself handcuffed, in the back of a police car and on the way to jail. Possessing a legally prescribed drug not in its original container is a misdemeanor.images

    It gets worse if you are in possession of one of these drugs without a prescription. Not everyone arrested on such serious charges is a drug dealer or using narcotics for recreational pleasure. If you have an ailment, and a friend gives you their prescribed pain medication to help, you may be arrested if the police find the pills in your possession. A police officer, more than likely, isn’t going to be interested in any explanation as to why you have the pills. It may seem like no big deal to have a few pain pills your friend gave you to help with a bad back, but the police, district attorney and judge may indeed think it is a very big deal. These are felony charges that could result in large fines, jail time and years on probation.

    It’s always best to proceed with caution with prescriptions pills. Even if you are prescribed something that isn’t “dangerous” or a controlled substance, like medication for blood pressure or arthritis, don’t have them outside your home in anything except the original container. Eliminate any guess work by the police as it relates to what kind of pills you have. A prescription bottle, with your name on it, will avoid a potentially costly trip to jail.

    If you are arrested on any drug related charge, you are innocent until proven guilty. An attorney in your corner will protect your rights. The attorneys at The Silverbach Group will work for you no matter what legal situation you are facing. For immediate advice and assistance, call 770-635-0334.