Wednesday, July 12, 2017

Is it Illegal for me to Possess my Xanax Pills if my Rx has Expired? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:  Carry Alprazolam 0.5mg for chronic anxiety. My Rx bottle dated (9/12/2014).  Here in Florida, the police incarcerate people for carrying their prescriptions. My critical question is. Due to anxiety I have trouble going to doctors or any other offices. It is due to (Social Phobia and Anxiety), so my prescription bottle is a bit old dated (9/12/2014) I have not been to any doctors since 2015 due to social phobia, so I have old Alprazolam since I take them only as needed I still have some. I carry about 5-6 pills of 0.5mg of Alprazolam (Xanax). Given these circumstances if I get stopped and searched, can the police charge me for carrying a controlled Schedule IV substance? The Rx is in the original bottle prescribed to me in quantity of 60 tabs, but I only carry about 5 or 6 tabs. Good legal guidance would be appreciated please. Thank you.




A:  Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL

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Best Answer
chosen by asker
Answered . Statement: "Here in Florida, the police incarcerate people for carrying their prescriptions."

Comment: BS. Police arrest people for carrying controlled substances without a Rx - which includes an expired Rx.

Q: Given these circumstances if I get stopped and searched, can the police charge me for carrying a controlled Schedule IV substance?

A: Yes.

You may have a viable defense but that will not make the arrest unlawful.

You cannot carry expired Rx meds.

Your "Social Phobia and Anxiety" not withstanding, get a new and valid Rx or risk arrest.

Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

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Asker
Posted 7 days ago.
Michael Adam Haber: I certainly will get a new Rx. Thank you.
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Posted 7 days ago.
I am just not sure when an Rx expires. Thank you Michael Adam Haber.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
You're most welcome!



When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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