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Thread: California Xanax possession without rx.

  1. #1
    johnnova is offline Junior Member
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    California Xanax possession without rx.

    What is the name of your state (only U.S. law)?

    California.

    Ok so I had an old bottle of xanax that the name and dr info was removed (old container) and I got a ticket and have to go to court. I went to Dr. and got the record to show I was prescribed the xanax 20 months ago. I only take them when I have panic attacks and it says on record I was given 90 of them. I put it in a new bottle because I stepped on the one with my name on it. Is the note enough to dismiss case? What should I do I have no priors.

    Thank you.
  2. #2
    CdwJava is offline Senior Member
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    Quote Originally Posted by johnnova View Post
    California.

    Ok so I had an old bottle of xanax that the name and dr info was removed (old container) and I got a ticket and have to go to court. I went to Dr. and got the record to show I was prescribed the xanax 20 months ago. I only take them when I have panic attacks and it says on record I was given 90 of them. I put it in a new bottle because I stepped on the one with my name on it. Is the note enough to dismiss case? What should I do I have no priors.

    Thank you.
    Provide this info to your attorney and he might be able to get the DA to drop the matter.

    Depending on the county, you may be able to receive appointed counsel on or soon after your arraignment if you cannot afford an attorney. And, in the future, don't step on your bottles, and don't remove the labels ... and, really, why would you remove the old label. That SCREAMS out to the police that your possession is unlawful. And if you are taking your meds as prescribed, you really shouldn't have any left after 20 months. Was the doctor providing any refills? If not, the state may well argue that you wanted more and were buying them on the "black market."
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    Proserpina is offline Senior Member
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    You stepped on the bottle?

    How did that damage the bottle to the point where you were forced to transfer the contents to a different bottle?
  4. #4
    ecmst12 is offline Senior Member
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    That flimsy story might get you out of the charges, if your attorney is any good but....get yourself some help, man.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by CdwJava View Post
    Provide this info to your attorney and he might be able to get the DA to drop the matter.

    Depending on the county, you may be able to receive appointed counsel on or soon after your arraignment if you cannot afford an attorney. And, in the future, don't step on your bottles, and don't remove the labels ... and, really, why would you remove the old label. That SCREAMS out to the police that your possession is unlawful. And if you are taking your meds as prescribed, you really shouldn't have any left after 20 months. Was the doctor providing any refills? If not, the state may well argue that you wanted more and were buying them on the "black market."
    Carl...Xanax is a medication that you take "as needed". I use Xanax "as needed" and if I had a prescription for 90 pills, it could easily last me two years, let alone 20 months. I usually get 20 at a time and they last me six months, easy. Yes, there are other people who might need 90 in a month, but there are a lot of people like me too.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    You stepped on the bottle?

    How did that damage the bottle to the point where you were forced to transfer the contents to a different bottle?
    LOL...find an old pill bottle...step on it with your shoes on... Believe me, they crack up in pieces.
    xylene likes this.
  7. #7
    Banned_Princess is offline Senior Member
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    If OP has xanax left after 20 months, why is she suddenly carrying it around with her?? in a unlabeled bottle?? I don't buy it. all of the sudden she needs them bad enough to carry them.
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post
    If OP has xanax left after 20 months, why is she suddenly carrying it around with her?? in a unlabeled bottle?? I don't buy it. all of the sudden she needs them bad enough to carry them.
    I carry mine in my purse always....because on the rare occasion that I need one, I REALLY need one. I don't have time (nor would I even be able) to drive home to get one. Xanax is the type of medication that is designed specifically to provide immediate relief if an anxiety attack starts to occur. I can feel the attack start, take a Xanax and the attack never takes full hold. However, based on this thread I may change how I handle things. I have a pill case that I use where I keep some Xanax, some ibuprophen (I think I spelled that wrong) some beano, and some aleve. I guess I better stop doing that.
  9. #9
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    I carry mine in my purse always....because on the rare occasion that I need one, I REALLY need one. I don't have time (nor would I even be able) to drive home to get one. Xanax is the type of medication that is designed specifically to provide immediate relief if an anxiety attack starts to occur. I can feel the attack start, take a Xanax and the attack never takes full hold. However, based on this thread I may change how I handle things. I have a pill case that I use where I keep some Xanax, some ibuprophen (I think I spelled that wrong) some beano, and some aleve. I guess I better stop doing that.
    yes, you should not carry controlled substances in anything other then the Rx bottle they are from.
  10. #10
    CdwJava is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Carl...Xanax is a medication that you take "as needed". I use Xanax "as needed" and if I had a prescription for 90 pills, it could easily last me two years, let alone 20 months. I usually get 20 at a time and they last me six months, easy. Yes, there are other people who might need 90 in a month, but there are a lot of people like me too.
    In my experience, they don't last 20 months. I wouldn't buy the story if I found the bottle and I heard this explanation from the OP. This is a heavily abused substance so given the circumstances the officer would be suspicious and the onus would be on the OP to show that the possession was lawful.
    Banned_Princess likes this.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    las365 is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    I carry mine in my purse always....because on the rare occasion that I need one, I REALLY need one. I don't have time (nor would I even be able) to drive home to get one. Xanax is the type of medication that is designed specifically to provide immediate relief if an anxiety attack starts to occur. I can feel the attack start, take a Xanax and the attack never takes full hold. However, based on this thread I may change how I handle things. I have a pill case that I use where I keep some Xanax, some ibuprophen (I think I spelled that wrong) some beano, and some aleve. I guess I better stop doing that.
    Well of course that brings us to the real question, which is how did OP come to be charged with this offense?
  12. #12
    dave33 is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Carl...Xanax is a medication that you take "as needed". I use Xanax "as needed" and if I had a prescription for 90 pills, it could easily last me two years, let alone 20 months. I usually get 20 at a time and they last me six months, easy. Yes, there are other people who might need 90 in a month, but there are a lot of people like me too.
    I am sure that is true, but unfortunately irrelevant because it is prescribed in a certain way. No prescriptions especially controlled substances are prescribed to last indefinately.
  13. #13
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by las365 View Post
    Well of course that brings us to the real question, which is how did OP come to be charged with this offense?
    What do you mean? OP was charged with possession of a controlled substance, and is lucky to not be in my county while in possession of controlled RX's, s/he would have been arrested on the spot. and it would be on OP to show the court the RX is legit, and a 20 month old script would absolutely not cover it.

    My county is cracking down hard. 4 people were killed in a pharmacy robbery, and now cops are looking to arrest anyone buying selling or using the opiates, and doctors are not prescribing controlled substances even to people currently on them, or legitimately needing them.
  14. #14
    dave33 is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post

    My county is cracking down hard. 4 people were killed in a pharmacy robbery, and now cops are looking to arrest anyone buying selling or using the opiates,
    Although irrelevant, xanax is not an opiate, it is a barbituate.
  15. #15
    CourtClerk is offline Senior Member
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    Quote Originally Posted by dave33 View Post
    I am sure that is true, but unfortunately irrelevant because it is prescribed in a certain way. No prescriptions especially controlled substances are prescribed to last indefinately.
    On the contrary, I have a bottle of Percocet that says I am to take it "as needed." I am not often in enough pain to take it regularly. I believe the bottle I have (which had something like 90 pills in it) is still more than half full and is at least a year old.

    And yeah, even my little law abiding self will stick a couple of pills in a much smaller bottle or in a ziploc bag and put them in my purse. There's no need to carry all that mess around with me.

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