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Old 05-23-2013, 10:44 PM
7,150 posts, read 8,808,772 times
Reputation: 3806


Originally Posted by thebunny View Post
LOL...thanks for the chuckle. And, I am with you (oh and so is the attorney I ended up consulting) as the drug is not scheduled, unless my husband sold it, there was no law broken. Something to do with prescription or not, there is no law against possession for either party, so as the end result of the action did not result in a crime, apparently there is nothing in the middle...(husband has a prescription so no law broken) possession is not a crime, so no law broken there...so as it was unscheduled and no CA statute makes the particular drug in question criminal in any way, it would require a lot of hunting to find a crime.
Everybody has an attorney in the family or knows one to "consult". And your attorney is essentially and practically correct -- for your particular circumstance -- although not technically. I also brought up the subject with another attorney over lunch yesterday. He and I are involved in several criminal and civil cases at the moment. He likewise got a chuckle -- including at the notion that a prosecutor couldn't file charges -- legitimately -- if he / she wanted to.

No, your husband isn't in any trouble ... and neither is the party who accepted and ingested the medication. And that was never really in question by me. And right, there's no law against simple possession, or transfer, of a non-controlled-classified substance between un-prescribed parties as long as there is no intent for the transfer to be used as medical remediation -- which, in your husband's case, there actually was. Your husband provided a restricted medication not approved for public access / use except under licensed prescription ... in which circumstance there must be licensed examination and distribution, to include individual medical analysis and advice and warning / safety information given.

What happens on internet forums is people post scenarios and then a free-for-all of opinionation occurs ... it is mostly idle sport ... for some it is a welcome opportunity for humor ... for others it is an opportunity to act arrogantly. I read about 40 posts in this thread over a couple days with vague interest and mild amusement -- UNTIL poster NotMeOfficer made a couple of appropriate and informed posts, including:

If its a prescription medication.. scheduled narco or not.. its covered under the Business and Professions code or Health and Safety code

You cannot legally give, take, or receive, or use another persons med.. end of story

As to whether this would ever be discovered... highly doubtful
This was soon followed by a very arrogant response by another poster who claimed the Officer didn't know what he was talking about and all cops shouldn't be trusted about anything. Well, game on for me. Now your scenario became a basis for theoretical proof that the arrogant post was in technical error.

While it is not a crime to possess a non-controlled-substance prescription drug that is not prescribed for the holder, or to take it -- it IS a crime under the Business and Professions code and Health and Safety codes, just as the Officer wrote, to provide such to another as I outlined in bold above: intent for the transfer to be used as medical remediation.

If your husband were to stand on a street corner or in the hall at his place of employment with a bag of by prescription only medications (that were not controlled substances) and start handing them out to people who complained of various ailments -- do you really doubt he wouldn't be arrested?

You can't do it legally. Period.

Would your husband be busted for his single indiscretion when no harm resulted? Obviously not. But if a cop / prosecutor wanted to pick a bone with him for any reason, yeah, you bet they could. Nifong's blunders in N. Carolina have no relation to this scenario.
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Old 05-23-2013, 10:49 PM
7,150 posts, read 8,808,772 times
Reputation: 3806
Originally Posted by lvoc View Post
You can not even lose gracefully.

Any boat passing inside or near Catalina making the north to south passage is in California waters. They can dispense prescription drugs to those on board without violating CA law.

Get over it. You and the cop are simply hopelessly incorrect.
Dude, you didn't specify the location of your sailing ... you said you acted as skipper of boats at sea ... I correctly remarked that IF you referred to international waters then maritime law holds ... not state law.

Now if you want to specify that you meant coastal waters, then I amend my comments to say that there you cannot, even as a "skipper", dispense prescription medications without licensed examination and licensed distribution.

I provided the statutes. They are plain as the nose on your face. Take it up with the California State Medical Board.
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