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Possession of Adderall counter sue

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TonyPuglisa

Junior Member
What is the name of your state (only U.S. law)? North Carolina

My dorm room was searched due to what they call reasonable doubt, anyway they found 10mg(half of a pill) of the ADHD medication Adderall. I was suspended from the university for half a semester and told that this suspension was "to teach me not to rely on drugs for help with my academics." About 2 weeks later I was diagnosed with ADHD. I was wondering if there were any legal charges that I could bring up against the school. Any help at all would be appreciated.
 


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Proserpina

Senior Member
TonyPuglisa said:
What is the name of your state (only U.S. law)? North Carolina

My dorm room was searched due to what they call reasonable doubt, anyway they found 10mg(half of a pill) of the ADHD medication Adderall. I was suspended from the university for half a semester and told that this suspension was "to teach me not to rely on drugs for help with my academics." About 2 weeks later I was diagnosed with ADHD. I was wondering if there were any legal charges that I could bring up against the school. Any help at all would be appreciated.
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For what?

You were in possession of a medication that you didn't have a prescription for.

You had not been diagnosed.

I'm not sure what you think the school did wrong. :confused:
 
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CreativeBlock

Member
TonyPuglisa said:
My dorm room was searched due to what they call reasonable doubt, anyway they found 10mg(half of a pill) of the ADHD medication Adderall ... About 2 weeks later I was diagnosed with ADHD.
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I know from personal experience that doctors don't always reach an "official diagnosis" prior to prescribing medication (usually to alleviate symptoms in the interim). Or sometimes, prior to actually giving out a scrip, they will give "samples" with the condition that you return for a scrip later. Would that be the case in your situation?

If so, I would think that a valid note (or other such documentation) from your prescribing physician would suffice in rectifying your situation. IF that IS the case, I would sincerely be more than annoyed with your school. It is not up to them to decide whether or not you need medication. :mad:

However, if it is as Prosperina believes, you were in possession of a controlled substance (as all prescribed medications are, essentially) and you got off lucky. They should have called the police and had an official report filed. Not for disciplinary purposes so much, as much as for your own safety.

Self-medicating is NEVER a good idea without a physician's blessing.
 
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Proserpina

Senior Member
CreativeBlock said:
I know from personal experience that doctors don't always reach an "official diagnosis" prior to prescribing medication (usually to alleviate symptoms in the interim). Or sometimes, prior to actually giving out a scrip, they will give "samples" with the condition that you return for a scrip later. Would that be the case in your situation?

If so, I would think that a valid note (or other such documentation) from your prescribing physician would suffice in rectifying your situation. IF that IS the case, I would sincerely be more than annoyed with your school. It is not up to them to decide whether or not you need medication. :mad:

However, if it is as Prosperina believes, you were in possession of a controlled substance (as all prescribed medications are, essentially) and you got off lucky. They should have called the police and had an official report filed. Not for disciplinary purposes so much, as much as for your own safety.

Self-medicating is NEVER a good idea without a physician's blessing.
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No.

Not all prescriptions fall under the category of "controlled substances". In fact the category is very narrow and MOST prescriptions do not fall into that category at all.

There are VERY strict regulations the physician must follow when prescribing a controlled substance.

Samples are very rarely given out these days.
 
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CourtClerk

Senior Member
CreativeBlock said:
I know from personal experience that doctors don't always reach an "official diagnosis" prior to prescribing medication (usually to alleviate symptoms in the interim). Or sometimes, prior to actually giving out a scrip, they will give "samples" with the condition that you return for a scrip later. Would that be the case in your situation?
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There isn't a doctor in the country that would give samples for a CONTROLLED SUBSTANCE... Adderall is a schedule II drug. There are no samples to be given.:rolleyes:
 
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CreativeBlock

Member
Proserpina said:
No.

Not all prescriptions fall under the category of "controlled substances". In fact the category is very narrow and MOST prescriptions do not fall into that category at all.
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To clarify, when I used the phrase "controlled substance" my intention was to differentiate OTC vs those you can only obtain via prescription. I did not mean what is conventionally known as "controlled substances." I do apologize for any confusion I may have caused.

Samples are very rarely given out these days.
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I think it depends on the medication. Only a year or so ago, I was given many samples (approximately 6 months worth over the course of 5-6 appointments) of Pristiq, Lexapro, Xanax and Propranolol (I was initially diagnosed with depression/anxiety, while a subsequent MRI determined that I suffer from MS, though I've not been given any samples for THAT diagnosis, but I was prescribed medication for it prior to being "officially diagnosed").
 
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CreativeBlock

Member
CourtClerk said:
There isn't a doctor in the country that would give samples for a CONTROLLED SUBSTANCE... Adderall is a schedule II drug. There are no samples to be given.:rolleyes:
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I mentioned "samples" only in the sense that they are often given without an official diagnosis being entered in the patient's records, in an attempt to alleviate symptoms. Doctors often prescribe medication without an "official diagnosis" ~ I myself, prior to being officially diagnosed with MS, am an example of that.

As for Adderall itself, I am not familiar with that medication and did not bother to read the indications.

As re "controlled substance" I addressed that in my post to Prosperina.
 
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dave33

Senior Member
The room was not searched because of reasoable doubt, that is a jury instruction. Reasonable suspicion maybe. Anyway, unless you had a prescription you have no legal standing. Although if you have the means you should always consult an attorney with these matters.You left out many details. A couple of examples would be 1. Was it a dorm room on campus? Who searched campus police or a state or town cop ? Why? Was a warrant involved? Those are the things that an attorney can work with.goodluck.
 
FlyingRon

FlyingRon

Senior Member
And don't forget, he was not charged with a crime here (yet).
The University is free to sanction someone without the same due process that a criminal matter would involve.
You don't "counter sue" when you're not being sued.
You have no grounds to sue.
 
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