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#1
Old 07-20-2008, 04:19 PM
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Getting narcotic prescription for someone else--possession violation?

I know that know law enforcement agency would bother with this type of situation, but if you go to the pharmacy to pick up a prescription for controlled substances for someone else in your household, are you guilty of illegal possession until you give it to the person? Not to mention transportation of the drug?

I would think the answer is no, but I was just curious to see the exemption in the statutes. I couldn't find it--is it there, either in the federal Controlled Substances Act, or in the California statutes? Or was it thought to be so obvious that they didn't need to mention it?

Last edited by Spectre of Pithecanthropus; 07-20-2008 at 04:19 PM.
#2
Old 07-20-2008, 05:35 PM
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Quote:
Originally Posted by Spectre of Pithecanthropus
I know that know law enforcement agency would bother with this type of situation, but if you go to the pharmacy to pick up a prescription for controlled substances for someone else in your household, are you guilty of illegal possession until you give it to the person? Not to mention transportation of the drug?

I would think the answer is no, but I was just curious to see the exemption in the statutes. I couldn't find it--is it there, either in the federal Controlled Substances Act, or in the California statutes? Or was it thought to be so obvious that they didn't need to mention it?
I've had four outpatient operations in the past year and was given a narcotic pain prescription each time. I was supposed to be driven right home after each one according to my release papers. My doctor would certainly have frowned on my going to pick up my own prescription. I'm sure there are many bed-ridden people on other narcotics. One would think it has to be legal for someone else to pick up these prescriptions.
#3
Old 07-20-2008, 05:41 PM
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I had family members pickup mine without problems, and they were the strictly controlled stuff. They do make sure the person is authorized by you to do it. Unless you happen to have the bottle open and it's short, when you get pulled over, I don't believe you have to worry. in which case you should insist they test you for the drug to save your ass later.
#4
Old 07-20-2008, 06:38 PM
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If you don't open it...

Quote:
Originally Posted by Spectre of Pithecanthropus
I know that know law enforcement agency would bother with this type of situation, but if you go to the pharmacy to pick up a prescription for controlled substances for someone else in your household, are you guilty of illegal possession until you give it to the person? Not to mention transportation of the drug?

I would think the answer is no, but I was just curious to see the exemption in the statutes. I couldn't find it--is it there, either in the federal Controlled Substances Act, or in the California statutes? Or was it thought to be so obvious that they didn't need to mention it?
.. or try to sell it to some of your homies on some street corner, I'd think you should think of any narc prescription as if it was its non-narc counterpart. i.e. it is not an illegal drug as it's prescribed legally and it is now held in the possession of someone legally entitled to carry it.

So no foul if you've got permission to pick the thing up.

But would a chemist give it over to someone other than the precribee? You may bet by if you look like Bill gates [read: a solid member of society] but you go in with greasy hair, a runny nose and try to pay with nickels and dimes from a brown paper bag and let's see how far you get then.

I should add that this is the opinion of someone from the the UK.

p.s I'll buy anything left over or what you 'spill' as I'd love to be a morphine addict if only I could get the stuff. ;-)
#5
Old 07-20-2008, 08:12 PM
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A few years ago I picked up some prescription narcotics for my mom after her knee surgery and was surprised not to be asked for ID or anything like that. I suppose that because (1) I arrived at the pharmacy about 10 minutes after she called it in, (2) the pharmacy was about a mile from her house, and (3) I don't look like a junkie, they didn't bother. But still . . .
#6
Old 07-20-2008, 09:25 PM
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Quote:
Originally Posted by Scarlett67
A few years ago I picked up some prescription narcotics for my mom after her knee surgery and was surprised not to be asked for ID or anything like that. I suppose that because (1) I arrived at the pharmacy about 10 minutes after she called it in, (2) the pharmacy was about a mile from her house, and (3) I don't look like a junkie, they didn't bother. But still . . .
I suspect that had something to do with you going in and stating that you were there to pick up a script for momma Scarlett rather than jsut walking up to the counter and asking if there were any narcotic pain killers waiting for someone to pick up.

Bozo: Hey man, I need to pick up a script of Darvocet.
Pharm: Who's it for?
Bozo: I dunno man, anyone.
Pharm: You wait right here while I get that. (goes to the back and dials 911)
#7
Old 07-20-2008, 09:46 PM
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Quote:
Originally Posted by Harmonious Discord
They do make sure the person is authorized by you to do it.

They sure don't at my pharmacy. I've picked up Darvocet for my MIL twice and never even been glanced at twice.

And frankly, the demographic and "look" of a prescription meds addict is a lot more like me than a street junkie would be- white, suburban, well-dressed woman in her late 30's/early 40's...

Last edited by Moirai; 07-20-2008 at 09:46 PM.
#8
Old 07-20-2008, 10:42 PM
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My uncle drives a van for a company that delivers medicine to homes - often narcotics. He didn't need to get any special license or anything, just a good background check. So he drives a van full of very expensive, sell-able medicine all over the state for people he doesn't know. I can't imagine why driving 10 Darvocet a couple miles across town for your mom would be a problem.
#9
Old 07-20-2008, 11:33 PM
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Quote:
Originally Posted by where's the subscription info?
I'd love to be a morphine addict if only I could get the stuff. ;-)
What an unusual thing to say...
#10
Old 07-21-2008, 08:33 AM
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Quote:
Originally Posted by where's the subscription info?
I'd love to be a morphine addict if only I could get the stuff. ;-)
Been there, done that.

And that way lies madness and horror.
#11
Old 07-21-2008, 09:14 AM
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Quote:
Originally Posted by EJsGirl
They sure don't at my pharmacy. I've picked up Darvocet for my MIL twice and never even been glanced at twice.

And frankly, the demographic and "look" of a prescription meds addict is a lot more like me than a street junkie would be- white, suburban, well-dressed woman in her late 30's/early 40's...
Then bitch them out. Mine needed to know the person I sent was legitimate. I not going to argue about your prescription dealer on this thread.
#12
Old 07-21-2008, 09:34 AM
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I am a veterinarian. I have a license to use controlled substances (use in a clinical sense) on my premises. I have heard of other veterinarians (how's that for a disclaimer?) performing housecall euthanasias for clients. Euthanasia solutions are all (that I know of) controlled substances, so unless the veterinarian's license is specifically for a house call practice, they are breaking the law.
#13
Old 07-21-2008, 10:15 AM
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When you go to the pharmacy, they'll say "picking up?" and you say yes, and give them a last name. I suppose you could just walk in and say "Smith" every time, but then they ask what the first name is, and you'd be unlikely to get that right.

Obviously, surrogates have to be able to pick up prescriptions, even for narcotics - I mean, how else is a minor child going to get their meds?
#14
Old 07-21-2008, 10:20 AM
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CVS always makes me confirm date of birth when picking up prescriptions. I guess that's how they know I'm really me, or else that I am close enough to Himself to know his date of birth, therefore it's probably okay to give me his 'scrip. Of course, only one of my 'scrips is for a controlled substance (xanax), and none of his....but they still confirm DOB on every pickup.
#15
Old 07-21-2008, 10:51 AM
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Narcotics are controlled substances, but only up to a point. For contrast, I take Adderall XR three to five days a week to control symptoms of my ADD. Here are the limitations I have to work with:

- I must pick up a brand new prescription each month from my doctor's office.
- The prescription must be written on special watermarked paper with copies filed with the relevant authorities (FDA? DEA? I dunno, but someone).
- The prescription cannot be altered in any way. (The doctor can make two changes to a narcotics prescription, if for instance, it needs to be changed from percocet to percodan, from 20 to 30 or whatever. Or at least, this was true in California five years ago.)
- I must turn the prescription to the pharmacy within seven days of it being written.
- The first time I picked up the prescription for a new pharmacy, I had to show picture ID.
- I must pick up the prescription within that time frame as well.

I've never had anyone else pick up my prescription for me, so I don't know if that's even allowed, but they are hella serious about my little amphetamine usage. Much more so than for narcotics.
#16
Old 07-21-2008, 01:51 PM
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I've had to pick up prescription narcotics for various relatives over the years. I have invariably been asked for ID and to sign for the drugs in question, but never a problem otherwise.

I've never, say, been pulled over after picking them up, either, but I assume most police officers comprehend "I'm picking them up for XXX who just had major surgery" and they are welcome to double-check that I didn't sneak any out of the bottle.
#17
Old 07-21-2008, 08:49 PM
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Quote:
Originally Posted by phouka
Narcotics are controlled substances, but only up to a point. For contrast, I take Adderall XR three to five days a week to control symptoms of my ADD. Here are the limitations I have to work with:
Of course, Adderall is not a narcotic, but is CII like the stronger legal narcotics.
Quote:

- I must pick up a brand new prescription each month from my doctor's office.
- The prescription must be written on special watermarked paper with copies filed with the relevant authorities (FDA? DEA? I dunno, but someone).
- The prescription cannot be altered in any way. (The doctor can make two changes to a narcotics prescription, if for instance, it needs to be changed from percocet to percodan, from 20 to 30 or whatever. Or at least, this was true in California five years ago.)
And, I believe, must have your address on it.
Quote:
- I must turn the prescription to the pharmacy within seven days of it being written.
Now this, I did not know, but I appreciate the tip. I've got one of my wife's that I've been carrying for three days in my wallet, because I haven't been able to find a place that stocks it.

I've never had anyone else pick up my prescription for me, so I don't know if that's even allowed, but they are hella serious about my little amphetamine usage. Much more so than for narcotics.[/QUOTE]

They haven't asked me for ID when I pick up either my wife's or mine, but then they know us well.
#18
Old 07-21-2008, 11:28 PM
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Quote:
Originally Posted by phouka
I must turn the prescription to the pharmacy within seven days of it being written.
I've never heard that, and there's no mention of a (different) time limit than for the regular controlled substances, but I could be wrong.
Quote:
(a) Schedule II substances
Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), may be dispensed without the written prescription of a practitioner, except that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act (21 U.S.C. 353(b)). Prescriptions shall be retained in conformity with the requirements of section 827 of this title. No prescription for a controlled substance in schedule II may be refilled.
AFAIK, controlled drug prescriptions are all valid for 28 days from issue.
#19
Old 07-21-2008, 11:45 PM
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My pharmacy has recently (in the past six months) started requiring picture ID from anyone picking up a narcotics prescription. Even though almost all of the pharmacy staff knows me by name, they still have to glance at my ID before they turn my husband's prescription over to me.
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