Can I be charged with a crime for having medication that is not in it's original packaging?

Question Details:I am currently on felony probation, due to get off 02/10/10. Recently I was pulled over by the police and there was one box of sudafed pills that had been popped out of the blister packs and put into a medicine bottle for easier carrying. I have been charged with possession of a controlled substance with intent to manufacture. That is crazy.I'm allowed to buy those pills. Why does it matter if they are in their original package as long as they aren't over limit number? Anyway. I think its a bunch of crap. Is it not true you have to have at least 2 components?

Asked 4 years ago under Criminal Defense | 1301 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 4 years ago

You have a problem here, no matter what you think of it.  You need to get a lawyer on board here, as soon as possible, because I very much doubt that the "2 components" defense is going to be enough.

The law of controlled substances is complex, and the packaging matters. For example, prescription medications that are controlled (such as Xanax, among quite a few others) need to be kept in the package in which they were dispensed by the pharmacy, which will show the name of the patient, and the doctor -- and the date dispensed, which needs to be no more than 1 year old.

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