In Pennsylvania, do I have to keep all of my prescription drugs in their original containers or have the prescription with me?
As DUID lawyers, we often get “tag along” charges that our clients are charged with when they are accused of DUID. One of those tag along charges is violation of 35 PS 780-113(a)(30)-Possession with the Intent to Deliver a Controlled Substance and 35 PS 780-113(a)(16)-Possession of a Controlled Substance.
Here is a scenario that we are starting to see time and again.
- A motorist is prescribed a drug by their doctor.
- The doctor has them on this drug for a period of time with no reported side effects.
- The motorist is pulled over for some reason.
- The officer asks “Are you taking any medications?”
- Thinking that they did nothing wrong and are following doctor’s orders they admit to using some prescribed drug.
- The officer asks them if the motorist has any drugs on them.
- Thinking that they did nothing wrong, they say yes and show the officer. The pill or pills are not in the container that the pharmacist gave the motorist but are instead loose. [People refer to drugs carried outside of their original containers as “loosies”]
- When commanded by the officer, the motorist cannot produce a copy of the prescription because it is not on them.
- An arrest is made for DUID or not, but they are also charged with 35 PS 780-113(a)(30)-Possession with the Intent to Deliver a Controlled Substance and 35 PS 780-113(a)(16)-Possession of a Controlled Substance for the “loosie” drug that they had on them.
You cannot count on the police, the prosecutors or even judges to know every single law. Frequently, police officers, and even DAs and Judges believe that one must have a validly dispensed drug in the original container given by the pharmacist and/or have the prescription on him or her. In Pennsylvania, this is not the law. This is why you need an attorney who handles these types of cases every single day.
In Pennsylvania, there is no authority that states it is against the law to carry a validly prescribed and dispensed controlled substance “loose” and without a copy of the prescription or outside of its original container. There is nothing in the United States Code. There is no statute or regulation that requires it either in Pennsylvania.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Sharon Kitchen says:
I am flying from PA to FL in a few days. Am I required to keep all my prescriptions in their original bottles or can I use my normal pill box? Researched on line and finding conflicting answers. I see the attorney direction above is from 2015. Is the attorney response still valid?
Billy Hill says:
I’m trying to find the same answers. Because I am flying from Pittsburgh to Florida in mid June. The TSA says you can but to check your state law. I cant find anything.
Susan Anthony says:
What is the difference between having Meds in pill case without the bottle or take the label off the bottle so others do not know what You are on?
Brian Behe says:
Sept of last year I worked at a nursing home in portage Pa. I am a medical marijuana user I have a card . I usually don’t use delta 9 at work when I went on break. So I’m more focused I got some delta8 wax. A resident said she was in massive pain and they weren’t even giving her tylonel. I felt bad for her so told her to go on her room. I let her hit the vape . Another employee was walking in. And she just seen me pull back quick . She said not sure what you’re doing but don’t worry I’m not a snitch . Two hours pass and the supervisor ask me to go outside and hands me the phone . Which was the boss I was ask to leave suspended until outcome . I offered to let employer search me or pull my pockets out . They said just head home. The portage Pennsylvania cop came the next day and questioned me . He had Cambria county sheriff branick with him. That can witness I was never searched . He said if I find out you’re guilty I’ll smoke you . Two weeks past I checked into drc an was on work crew. So I cleaned the building after wards probation called me back five probation officers and portage cop back there. They ask me why I sold weed to a retarded lady. Firstly she wasn’t retarded she was a stroke victim. Second no financial transactions happened. I felt sorry for her I offered her to take a puff she did . I was in jail 29 days before I got charges pwid and reckless endangerment. Neither was accurate the affidavit wish is still had but can get copy states . He cop talked to victim she said I let her hit a device she ask me for it and it helped . Well it also states no drugs were found . But still was charged with possession and reckless endangerment. For the reckless endangerment it stated. I offered to give her something not considering how it could effect her medication. She told me she wasn’t on any meds . So I told my public defender I didn’t want to take plea to disorderly conduct . I wrote her several times and she never responded. Until a few days before my court date she put for me to take plea . Even though several letters she got told her I didn’t want to. But I was remanded until outcome of charges and my kids lost their insurance . And she wrote a letter back saying since I got DUIs and some charges all non violent misdemeanors.that a jury might not believe me and I could get six and a half years . So I took plea had to restart drc and was in jail 3 months 7 days . Well two weeks ago probation officers Chris maul and Dan smith did a home visit . They found two broken pipes with cannabis resin . Which I have a card and don’t think they can tell difference between delta 8 and 9. Delta 8 has no such vaporization rules . He took a scale I used to weigh my weed. And the neurotriptyline which the jail gave me to leave with . When I got my insurance back on got my gAbapentin so stopped taking them . They were giving in a small envelope and some fell out in drawer . They aren’t a controlled substance but they told me they had to be in bottle so it was a crime . They took pills I had a prescription for . 2 broken pipes with thc resin a scale with marijuana residue on it nothing else and I used to measure my dose. And they filed an manufacturing charge to. And I never manufactured or made anything . I had some cannabis flower residue in a empty medicine bottle they took . This is corruption at its finest . Was looking for someone that would actually represent me . And I feel a decent lawyer could easily beat these charges .