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Pills not properly packaged--is there such a charge?

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Jim718

Junior Member
What is the name of your state? Texas

My wife was recently arrested in Oklahoma at a roadblock. I don't think she would have been arrested, but she "resisted an officer" and had an expired driver license. She has been treated for mental illness. She has a bad habit of not putting her lids on her medicine bottles. She would put the pills back in the first bottle she found. So the officers found a couple of bottles with various pills with them. She was charged with possession of CDS. The majority of what she had was OTC type drugs (aspirin, Aleve, Excedrin) although it is very possible she had prescription meds plus she was taking two controlled meds (Lorcet and something else). She told me she was about out of her controlled meds, since she was overdue to see the doctor. So it is unlikely they found anything controlled. I think the officers saw the pill mix and assumed there was a good chance of something controlled in there, thus the charge. I think I can provide a legal prescription for any controlled drugs they may have found. She was arrested in June and I still can't get a copy of the lab report. How long does this take?

Our lawyer said that the D.A. had mentioned possibly amending the Possession charge to not having medication properly bottled/packaged. Is there such a charge or law? Old people use the tablet organizers (by days of the week) to keep their tablets in. Note the tablets are not in the original bottle. These old people are not arrested. Would appreciate any advice.
 
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JETX

Senior Member
Jim718 said:
How long does this take?
Depends on LOTS of variables, including the current caseload of the lab. It pretty much takes as long as it takes.... though her attorney might be able to speed things a bit.

Our lawyer said that the D.A. had mentioned possibly amending the Possession charge to not having medication properly bottled/packaged. Is there such a charge or law?
Yep.

Old people use the tablet organizers (by days of the week) to keep their tablets in. Note the tablets are not in the original bottle. These old people are not arrested.
So what??
 

Jim718

Junior Member
So what would be the difference between my wife having her pills out of the original prescription bottle and these elderly people having their pills stored outside of the original prescription bottle? She can provide a legal prescription bottle or prescription, just as the elderly person should be able to.

And if there is such a law, I would appreciate a link. Thanks.

James
 

JETX

Senior Member
Jim718 said:
So what would be the difference between my wife having her pills out of the original prescription bottle and these elderly people having their pills stored outside of the original prescription bottle? She can provide a legal prescription bottle or prescription, just as the elderly person should be able to.
The 'difference' is... she got caught and was arrested. Those 'other people' you try to include... didn't.

And if there is such a law, I would appreciate a link.
I am not an Oklahoma attorney; however, I have done a cursory search of the (very confusing) OK statutes and was not able to find a SPECIFIC statute as to falsifying or mislabeling a prescription. There are though, several statutes making it a chargeable crime for having controlled medication without a prescription... which is really the base of your issue.
 
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Jim718

Junior Member
But we can produce prescriptions, as stated earlier. I have even provided some of her empty prescription bottles to her lawyer. Our lawyer said that the D.A. had mentioned possibly amending the Possession charge to not having medication properly bottled/packaged. I guess he sees that the Possession charge will not stick. But he is amending to a lesser charge (pills not properly packaged) based on a law that I do not think even exists. Anyway, thanks.
 

JETX

Senior Member
Jim718 said:
But we can produce prescriptions, as stated earlier. I have even provided some of her empty prescription bottles to her lawyer.
Then you present them as evidence at her hearing, if charged.

Our lawyer said that the D.A. had mentioned possibly amending the Possession charge to not having medication properly bottled/packaged. I guess he sees that the Possession charge will not stick. But he is amending to a lesser charge (pills not properly packaged) based on a law that I do not think even exists.
No one said it doesn't exist... only that I was not able to find a specific statute after a cursory search. Presumably, your attorney you referenced IS an attorney in Oklahoma and if the law didn't in fact exist, he would have said that. His concern shows that such a law very likely does exist SOMEWHERE in the OK statutes.
If you want to check yourself... here is a link to the OK statutes.... and you have to download EACH of the titles since they are in RTF format:
http://www.lsb.state.ok.us/osstatuestitle.html
 

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