What to do if my husband was cited but for pills which were mine?

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What to do if my husband was cited but for pills which were mine?

My husband was pulled over for a brake light that was out. The police asked if he could search his vehicle. My husband said yes. He was unaware that I had a small amount (21 pills) of Clonazepam (a benzodiazepine Schedule 4) in a cellophane bag inside of the console. He explained that it was not his, and that he wasn’t aware it was in there (the truth). Then today in the mail, he got a summons to appear before the magistrate next month. I don’t know what to do. Should I go with him and tell them this was all my fault? I didn’t think about the legalities of what I did, as I am not a member of the “drug culture”. A woman offered to give me the pills because I have anxiety disorder and was having trouble getting by on my own Rx.

Asked on March 13, 2014 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Controlled Substances Act (CSA) was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon .[1] The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

The legislation created five Schedules (classifications), with varying qualifications for a substance to be included in each. Two federal agencies, the Drug Enforcement Administration and the Food and Drug Administration, determine which substances are added to or removed from the various schedules, though the statute passed by Congress created the initial listing, and Congress has sometimes scheduled other substances through legislation such as the Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000, which placed gamma hydroxybutyrate in Schedule I. Classification decisions are required to be made on criteria including potential for abuse (an undefined term), currently accepted medical use in treatment in the United States, and international treaties.

Answer: I suggest that your spouse consult with a criminal defense attorney in his locality as to what you have written about. One can be found on attorneypages.com.


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