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carry prescriptions in a different container than they were dispensed in

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menders

Junior Member
Michigan

On a traffic stop today I was removed from the car and patted down. I carry my prescriptions for the day in a small pill container. None of these are narcotics they are for high blood pressure, diabetes, and cholesterol. The officers told this was illegal and a felony. I searched the online laws at the state of Michigan's website (it does not have a friendly search), but could not find the pertinent law. Could some one please tell me if they were correct or not and point me to the correct statute.
 


Zigner

Senior Member, Non-Attorney
Michigan

On a traffic stop today I was removed from the car and patted down. I carry my prescriptions for the day in a small pill container. None of these are narcotics they are for high blood pressure, diabetes, and cholesterol. The officers told this was illegal and a felony. I searched the online laws at the state of Michigan's website (it does not have a friendly search), but could not find the pertinent law. Could some one please tell me if they were correct or not and point me to the correct statute.
You have to be able to show that the medication has, indeed, been prescribed to you. Unmarked pills in an unmarked container don't help you do that.
 

CdwJava

Senior Member
Michigan

On a traffic stop today I was removed from the car and patted down. I carry my prescriptions for the day in a small pill container. None of these are narcotics they are for high blood pressure, diabetes, and cholesterol. The officers told this was illegal and a felony. I searched the online laws at the state of Michigan's website (it does not have a friendly search), but could not find the pertinent law. Could some one please tell me if they were correct or not and point me to the correct statute.
If you carry prescription medications in a bottle that they do not belong in, then the officer may have little choice but to arrest you for carrying prescription medications. It is illegal to hold prescription medication without a prescription, and lacking the bottle you have no proof that they are yours.
 

quincy

Senior Member
Michigan

On a traffic stop today I was removed from the car and patted down. I carry my prescriptions for the day in a small pill container. None of these are narcotics they are for high blood pressure, diabetes, and cholesterol. The officers told this was illegal and a felony. I searched the online laws at the state of Michigan's website (it does not have a friendly search), but could not find the pertinent law. Could some one please tell me if they were correct or not and point me to the correct statute.
The officer was correct that you could be charged with a felony for carrying prescription drugs in an unmarked container.

You need to look at Article 7 of the Public Health Code, Act 368 of 1978, Offenses and Penalties. Controlled Substances are covered in sections 333.7101 to 333.7545. Section 333.7403 is for knowingly or intentionally possessing controlled substances, and 333.7411 is for possession or use of controlled substances.

Even if you can later show that the drugs you were carrying were legally prescribed to you, by producing the bottles, you can be arrested if the pills are not in a labeled bottle. The labels have your name, address, the prescribed drug, the prescribing doctor, and all of the other information the police need to ensure the drugs in your possession are legally prescribed and they are prescribed for your use. This could help convince the police that you are not distributing or selling the pills.
 
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I'mTheFather

Senior Member
The officer was correct that you could be charged with a felony for carrying prescription drugs in an unmarked container.

You need to look at Article 7 of the Public Health Code, Act 368 of 1978, Offenses and Penalties. Controlled Substances are covered in sections 333.7101 to 333.7545. Section 333.7403 is for knowingly or intentionally possessing controlled substances, and 333.7411 is for possession or use of controlled substances.

Even if you can later show that the drugs you were carrying were legally prescribed to you, by producing the bottles, you can be arrested if the pills are not in a labeled bottle. The labels have your name, address, the prescribed drug, the prescribing doctor, and all of the other information the police need to ensure the drugs in your possession are legally prescribed and they are prescribed for your use. This could help convince the police that you are not distributing or selling the pills.
Quincy, that applies to controlled substances, such as oxycodone, valium, etc. It doesn't apply to the medications OP described. I was unable to find anything that requires all prescription drugs to be carried in labeled bottles in Michigan. I don't believe the officer was correct in claiming it's a felony.

To clarify controlled substances a bit: http://www.justice.gov/dea/druginfo/ds.shtml

To add to Cdw's scenario, it can get worse than an arrest for those who carry unlabeled prescription meds of any kind: http://www.avvo.com/legal-guides/ugc/what-can-happen-to-you-if-you-are-found-in-possession-of-your-own-prescription-medication-outside-yo
 

quincy

Senior Member
Quincy, that applies to controlled substances, such as oxycodone, valium, etc. It doesn't apply to the medications OP described. I was unable to find anything that requires all prescription drugs to be carried in labeled bottles in Michigan. I don't believe the officer was correct in claiming it's a felony.

To clarify controlled substances a bit: http://www.justice.gov/dea/druginfo/ds.shtml

To add to Cdw's scenario, it can get worse than an arrest for those who carry unlabeled prescription meds of any kind: http://www.avvo.com/legal-guides/ugc/what-can-happen-to-you-if-you-are-found-in-possession-of-your-own-prescription-medication-outside-yo
Right. I understand the drugs covered.

However, when the pills are carried in unmarked bottles, that is what someone can be arrested for. The police don't have to guess at what the pills are or take the word of the person who has them. In other words, it is not the pills but the fact that they are not identified.
 

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