Have you ever used a friend’s prescription pain pills for a headache or picked up grandma’s medication at the pharmacy? While that might seem innocent, it could be illegal.
Can you be charged for having someone else’s prescription? Unfortunately, under Michigan law, those situations might lead to criminal charges. Having a prescription drug that wasn’t prescribed to you can land you in serious legal trouble.
Here is what the law says and what you should do if you find yourself caught up in this situation.
Michigan Law on Prescription Drug Possession
Michigan’s laws around prescription drugs are strict. The state regulates medications under the Public Health Code (MCL 333.7101 et seq.). This divides them into categories called schedules, from Schedule 1 (the most tightly controlled) to Schedule 5 (the least).
If a doctor did not prescribe that medication specifically to you, you are not legally allowed to use or possess it.
Even if you are holding a bottle for someone else, Michigan law can still treat that as illegal possession of a controlled substance unless you are authorized as a caregiver or legal guardian.
You Don’t Have to Be Using It to Get Charged
Keep in mind that you do not have to be using the medication to get in trouble. Possession of the drug is enough for a charge. Michigan law makes a distinction between:
- Use of a controlled substance
- Possession of a controlled substance
- Possession with intent to deliver
If police find someone else’s prescription in your car, your bag, or even your home, that is enough for a possession charge. Prosecutors only need to show that you knowingly had the drug and that it was not prescribed to you.
What Are the Penalties?
Penalties depend on the type of drug and how much of it you had. Here is the breakdown under the law:
- Schedule 1 or 2 drugs: These are felony charges, with up to 4 years in prison, and $25,000 in fines.
- Schedule 3 drugs: Up to 2 years in prison and $2,000 in fines.
- Schedule 4 drugs: Up to 1 year in jail and $1,000 in fines.
- Schedule 5 drugs: Up to 1 year in jail and $500 in fines.
And if there’s any evidence that you were planning to sell or share the medication, you could face a more serious charge: possession with intent to deliver. That can mean years or decades behind bars.
What If You’re Charged?
If you’re charged with possessing someone else’s prescription, you do not want to brush it off. Michigan takes these cases seriously. Some defenses can make a big difference. Your criminal defense lawyer might argue:
- You did not know the drug was in your possession.
- You were legally allowed to have it as a caregiver or family helper.
- Police conducted an unlawful search or seizure.
- You thought the medication was yours or were taking it under medical direction.
In these cases, documentation is important. If you have a valid prescription for the medication, you can defend against the charges. But keep in mind that holding these medications for someone else could get you into trouble with the law.
Get Help to Defend Against Possession Charges
Can you be charged for having someone else’s prescription? In most cases, the answer is yes. Whether you borrowed a friend’s painkiller, helped a family member, or got caught with something you didn’t realize was illegal, it’s a mistake that can have lasting consequences.
You should never take or hold medication unless it’s prescribed to you. However, mistakes can happen. And if you have already been charged, call a Michigan defense lawyer as soon as possible.
At the Law Office of James Fillmore, we will examine the facts of the case and help craft a defense for you. Schedule a consultation to learn more about your options.
