In Williamson County, can possession of a dated prescription cause someone to be convicted of Simple Possession?
In October 2010, I represented someone charged with simple possession for possessing prescription medications for which the person was given a valid prescription roughly one year before. Prior to addressing the issue, it is important to point out that the label did include the language “take as needed” within the instructions. The judge seemed to rely on this fact at least to some extent before making a ruling.
The case proceeded to a bench trial on the merits at the General Sessions level. During the case, the assistant district attorney brought out the fact that the pills were a different size than was listed on the prescription label. I then had to present his entire prescription history from the pharmacy in order to show that he had been prescribed various dosages of pain medication after his accident.
After arguments from both sides, the judge ruled that the client was not guilty of the crime of simple possession for having prescription drugs roughly one year after the prescription was issued. Whether or not the judge would have made the same ruling if the label had not contained the language “take as needed” was not addressed but did make this counsel wonder whether or not the case would have been a closer one if that language had not been present.