Sometimes it’s hard to know which is the more strange: the way some people behave or the laws that can make some behavior criminal. Take the question of having a drug in your possession. Oakland Raiders wide receiver Louis Murphy is now a qualified expert in the law. A few years back, he was caught with some marijuana in his possession. Everyone knows the dispute over the status of this drug. But many people use this drug for pain relief and, around the world, it’s either not criminal at all or, as in some US states, medicinal use is accepted. So, however you look at it, most people are aware of its status as a “street drug” and therefore are not surprised when they read about convictions. Switch over to prescription medication and more people can be caught by surprise. In many US states, it’s an offense to be in possession of any “legitimate” drug unless you carry a prescription with you to justify the possession. The reason is easy to give. Many prescription-only drugs are derived from highly addictive substances and the US states want to control their use. Whether it’s right to use the criminal law is not the issue. Having decided to control all versions of some drugs, you must carry a prescription to distinguish criminal from lawful possession. It’s the same as having your driver’s license with you when in control of a vehicle. The police are entitled to ask you for proof a doctor has approved your use of these drugs.
This week, Louis Murphy was pulled over in his SUV and, after a brief but violent fight resulting in an arrest, the police officers found eleven little blue pills in an unmarked bottle. Murphy had no prescription. Presumably, like millions of other men, he bought the drugs from an online pharmacy without the need for a prescription. So this should be a warning to everyone who buys their drugs through the internet. No matter what the drug, you can find yourself on the wrong end of the criminal law if you carry the drug with you in a public place. Just to clarify, it’s perfectly alright to have the drug in your bloodstream and, if the drug was sitting in your home, the police would need a warrant to search. Without a warrant allowing a search for drugs, it would be very difficult to get a conviction should the drugs be “found”. (more…)