Even if you are taking a substance for a confirmed medical condition, it is illegal to possess a prescription drug without a valid prescription in South Carolina. Common drugs such as Xanax, Valium, and Ativan all require a valid prescription to be legally used. Under South Carolina law, a first-time drug possession charge carries up to two years in prison and steep fines. A simple miscalculation can leave a blemish on a once-clean record.
Eppes & Plumblee, P.A., defends against drug charges. If you need help with a prescription drug case, contact our Greenville drug charge attorneys.
Your Name and the Name of the Prescriber Must Be on the Prescription Label
A valid prescription must list your name and the prescriber. Only the named person may use the drug. Sharing is illegal.
Prescription Drugs Must Be Kept in Their Original Container
Transferring pills to another container is illegal under state law. Prescriptions must remain in original pharmacy-label bottles, listing your name, the prescriber, and the medication. TSA may check prescription bottles during security screening.
Obtaining a Prescription Through Fraud or Deceit Comes with Prison Time
Obtaining certain substances, even if they have a low potential for abuse, is illegal if you do so through deceit or fraud. A prime example is assuming the identity of someone with a valid prescription for a specific substance. This may be done because you ran out of refills on an old prescription or to access the person’s insurance benefits. No matter your underlying motive, under SC Code §44-53-40, obtaining a prescription through fraud or deceit is punishable by two years in prison and/or a $500 fine. Subsequent offenses are punishable by five years in prison and/or a $2,000 fine.
Drug Possession Comes with Long-Term Consequences
A valid or legitimate prescription reason will not excuse drug possession in court. Conviction can bring more than incarceration. It reduces job and housing access. Employers may ask about criminal history, and background checks reveal arrests, charges, or convictions. Landlords also run background checks on rental applicants.
Fighting Prescription Drug Charges
If you are facing allegations of unlawful possession of a prescription drug, you should seek legal counsel immediately. If an invalid or outdated prescription is found during a police search, our legal team may find evidence that the search was illegal. Examples of unreasonable searches and seizures include failing to obtain your consent, lacking probable cause, or searching beyond the places specifically outlined in the warrant.
Alternatively, if your charges stem from airport screening, you must provide evidence of a valid prescription. If you are far from home and only have a limited supply, our drug charge attorneys will argue for the medical necessity that you have access to your medication. Of course, each circumstance is unique, requiring a full assessment to build a strong defense.
Consult with Our Greenville Drug Charge Lawyers Today
Facing prescription drug charges? Act quickly, our experienced Greenville drug charge attorneys are ready to help pursue dismissal or reduction of your charges. Contact us now online or at (864) 581-3450 for your free consultation. Take control of your defense today.