Paraphernalia for own perscribed medication.

I was charged for having a straw in my subutex bottle. The prescription is mine. The residue on the straw is from my medication. The officer said once it was sent to the lab that it would be thrown out. Is this true? Since it is a perscribed medication will the charge be dismissed after the lab results say it is my medication?

Asked on September 25, 2017 under Criminal Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The charge *should* be thrown out once the lab determines that the paraphrenalia was for your presciption medication, since there is nothing illegal about having the tools, etc. to take your prescription. The lab and the officer, though, do not make the decision as to whether to dismiss the case--the prosecutor's office does. You could potentially get an overzealous or mean-spirited prosecutor who wants to continue the case because he either does not believe this or is trying to make some "point". However, since to convict you, he'd have to show in court that you used the paraphrenalia for illegal drugs, that would be very difficult if you have the prescription and the government's own lab test results supports that this was a legal prescription. Therefore, even if the prosecutor for some reason declines to voluntarily dismiss, this is very unlikely to result in a conviction.


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