Being stopped by police and found with prescription pills (but no prescription) can turn into a serious criminal case in North Carolina, even if it’s a serious mistake.
Many people are surprised to learn that prescription medications are controlled substances under state and federal law.
Without proof that the pills were legally prescribed to you, you could face drug possession charges that carry heavy fines, probation, and even jail time.
Here’s what you need to know if you or a loved one has been caught with prescription medication and cannot prove ownership. Contact a Martine Law Attorney today.
Why Proof of Prescription Matters
Under North Carolina General Statute § 90-95, it is illegal to knowingly possess a controlled substance without a valid prescription. Prescription pills such as:
- Oxycodone, Hydrocodone, and other painkillers
- Xanax, Valium, and anti-anxiety medications
- ADHD medications like Adderall
- Sleep medications like Ambien
These are all considered controlled substances. If you cannot provide proof that a doctor legally prescribed them to you, police can arrest you for possession — even if you claim they are for a legitimate medical condition.
Don’t face this situation alone; contact a lawyer.
Potential Criminal Charges
The type of prescription medication and amount found will determine what you are charged with.
- Simple Possession: Usually a Class 1 misdemeanor for small amounts of Schedule II–VI drugs. Penalties may include probation, community service, and fines.
- Felony Possession: Large quantities of pills or certain Schedule II drugs can result in a felony charge, which carries harsher penalties and a permanent criminal record.
- Possession With Intent to Sell or Deliver (PWISD): If police believe you intended to sell or share the medication — based on quantity, packaging, or other evidence — you could face felony trafficking charges.
Even a misdemeanor possession charge can impact your job, schooling, and future opportunities.
Defenses to Prescription Pill Charges
If you are facing charges for possessing prescription medication without proof, there may still be ways to fight your case. Common defenses include:
- Showing proof of prescription after the fact — Your attorney may present medical records or pharmacy documentation to the prosecutor.
- Illegal search and seizure — If police found the pills during an unlawful search, your attorney may seek to have the evidence suppressed.
- Lack of knowledge — You may argue that you did not know the pills were in your possession, especially in shared spaces like vehicles or homes.
- Insufficient evidence — The state must prove beyond a reasonable doubt that the pills were controlled substances and that they belonged to you.
What to Do if You’re Caught
If you are stopped and police find prescription pills:
- Stay calm and exercise your right to remain silent. Anything you say can be used against you.
- Do not admit ownership or guilt. You have the right not to answer questions about the medication.
- Ask for an attorney immediately. The sooner you get legal help, the stronger your defense strategy can be.
- Gather any documentation you can — prescription bottles, pharmacy records, or doctor’s notes to show lawful possession.
Why You Need a Criminal Defense Lawyer
Prescription drug cases can be complicated, and prosecutors take them seriously. A knowledgeable North Carolina criminal defense attorney can:
- Review the evidence and police procedure for errors
- Negotiate to have your charges reduced or dismissed
- Explore diversion programs that keep your record clean
- Defend you in court if necessary
At Martine Law, we help good people who find themselves in bad situations. Whether you made a mistake or were wrongfully accused, we fight to protect your freedom and future.
What about a DWI?
Key Takeaways
- Possessing prescription pills without proof can result in misdemeanor or felony charges.
- You have the right to remain silent and request a lawyer before speaking to police.
- Producing proof of prescription after arrest may help get charges reduced or dismissed.
- Legal representation is crucial to avoid jail time, a criminal record, and other long-term consequences.
Were you or someone you love charged with prescription drug possession in North Carolina? Take action before your case spirals out of control.Contact Us Today
Our experienced criminal defense attorneys are ready to review your case and fight for the best possible outcome.