Non-scheduled substance, but no prescription

[Henfer]

swim has a question... he's liking the usage of valoron, that contains tilidin, a scheduled opiate, but as it's mixed with some naloxon (which gets deactivated during the first pass through liver), that becomes active with high dosages to prevent OD, valoron is not scheduled. he has one bottle always with him.

also, swim has also always some metamizol with him, a pure analgesic substance.

both you can't get without prescription.... so what would happen if the police finds a substance you have with you, which is not scheduled but also you don't have the prescription for it (especially valoron)?

can swim expect to get away without problems or can this lead to stress?

[Shiacmkmleer]

I don't exactly understand what you are asking but. If the police find any opiate on you without a script. You are likly to get charged.

[Henfer]

swim will try to explain it better..

so, swim has almost always a small bottle (30ml or so) of valoron N with him, which contains Tilidine, a scheduled opiate. however, Valoron N itself is NOT scheduled (this means not like morphine or so, you just need an usual prescription every doctor can give you, unlike vicodine etc.), due to the addition of Naloxon, which prevents using it in a "recreational" way (at least to some degree - you can still get a nice effect) or overdosing.

so swim gets some valoron from someone who gets it from his doctor for chronic pain, however that person does not need very much, a good amount below the usual dosage. so he sheds his valoron with swim.

so if an officer catches you with a non-scheduled substance which you don't can show the prescription for it, can this lead to punishment? you can think of pretty much any medicine where you'd need a prescription but don't have one (for example an antibiotic?).

swim's also got some metamizol with him all the time, you need a prescription for it as well, but swim does not have one. however, he really gets sick of ibuprofen, aspirin & co. as swim is like an elephant, needs really heavy dosages to work... metamizol is much friendlier to his stomach as well. however, most doctor won't give out the prescription for it, because it's as expensive as it's good, and the health insurance has to pay for it. it's also not scheduled. it also has not a single effect that would make it attractive for recreational use (really only used as a pain killer). can this lead to problems with an officer?

[fnord]

if swim is in the us its illeagle,at least in the state of maine,swim was caught with a single celexa at the bottom of his bookbag charged and arested,then had to track down a script for them from his doctor then went back to court and then showed thart to the DA he said,ok welll drop the charges down to possion of unlabled meds or something like that.

[darawk]

Originally Posted by fnord

if swim is in the us its illeagle,at least in the state of maine,swim was caught with a single celexa at the bottom of his bookbag charged and arested,then had to track down a script for them from his doctor then went back to court and then showed thart to the DA he said,ok welll drop the charges down to possion of unlabled meds or something like that.

Possession of an anti-depressant like Celexa without a prescription is definitely not illegal. The DA was either lying to you or didn't understand the law himself. Non-scheduled prescription drugs are regulated by the "Federal Food, Drug and Cosmetics Act", the full text of which can be found here:

http://www.fda.gov/opacom/laws/fdcact/fdcact3.htm

Crimes related to possession of any substances are very specifically delineated there, and possession of a single Celexa without a script is definitely not on the list of "prohibited acts".

[fnord]

Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 45: DRUGS

§1102. Schedules W, X, Y and Z

For the purposes of defining crimes under this chapter and of determining the penalties therefor, there are hereby established the following schedules, designated W, X, Y and Z. [2001, c. 419, §2 (amd).]

1. Schedule W:


A. Unless listed or described in another schedule, any amphetamine, or its salts, isomers, or salts of isomers, including but not limited to methamphetamine, or its salts, isomers, or salts of isomers; [1975, c. 499, §1 (new).]


B. Unless listed or described in another schedule, or unless made a nonprescription drug by federal law, barbituric acid or any derivative of barbituric acid, or any salt of barbituric acid or of a derivative of barbituric acid, including but not limited to amobarbital, butabarbital, pentobarbital, secobarbital, thiopental, and methohexital; [1975, c. 499, §1 (new).]


C. [1975, c. 740, §98 (rp).]


D. [1975, c. 740, §98 (rp).]


E. [1975, c. 740, §98 (rp).]


F. Cocaine means:

(1) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine and their salts have been removed; and

(2) A mixture or preparation that contains any quantity of any of the following substances:

(a) Cocaine, its salts, optical and geometric isomers and salts of isomers;

(b) Ecgonine, its derivatives, their salts, isomers and salts of isomers; or

(c) Cocaine base, which is the alkaloid form of cocaine;
[1995, c. 635, §1 (rpr).]


G. Phenmetrazine and its salts; [1975, c. 499, §1 (new).]


H. Methylphenidate or its salts; [1975, c. 740, §99 (rpr).]


I. Unless listed or described in another schedule, all narcotic drugs, including, but not limited to, the following narcotic drugs or their salts, isomers or salts of isomers: heroin (diacetylmorphine), methadone, methadone hydrochloride, levo-alpha-acetyl-methadol, or LAAM, pethidine, morphine, oxycodone, hydrocodone, hydromorphone, fentanyl and opium. As used in this chapter, "heroin" means any compound, mixture or preparation containing heroin; [2001, c. 419, §3 (amd).]


J. Phencyclidine; [1989, c. 924, §2 (amd).]


K. Lysergic acid diethylamide, and its salts, isomers and salts of isomers; [1989, c. 924, §3 (new).]


L. Lysergic acid; [1997, c. 487, §1 (amd).]


M. Lysergic acid amide; [2001, c. 419, §4 (amd).]


N. Flunitrazepam or its chemical equivalent; and [2001, c. 419, §5 (amd).]


O. Unless listed or described in another schedule, the following hallucinogenic drugs or their salts, isomers and salts of isomers whenever the existence of the salts, isomers and salts of isomers is possible within the chemical designation:

(1) 3, 4 - methylenedioxy amphetamine, MDA;

(2) 5 methoxy - 3, 4 methylenedioxy amphetamine, MMDA;

(3) 3, 4, 5 - trimethoxy amphetamine, TMA;

(4) 4 - methyl - 2, 5 - dimethoxyamphetamine, DOM;

(5) 2, - 3 methylenedioxyamphetamine;

(6) 2, 5 - dimethoxyamphetamine, DMA;

(7) 4 - bromo - 2, 5 - dimethoxyamphetamine, DOB;

(8) 4 methoxyamphetamine;

(9) 3, 4 - methylenedioxymethamphetamine, MDMA;

(10) 4 - bromo - 2, 5 - dimethoxyphenethylamine, NEXUS;

(11) 3, 4 - methylenedioxy-N-ethylamphetamine, MDE;

(12) Paramethoxymethamphetamine, PMMA;

(13) Paramethoxyamphetamine, PMA; and

(14) Paramethoxyethylamphetamine, PMEA.
[2001, c. 419, §6 (new).]
[2001, c. 419, §§3-6 (amd).]

2. Schedule X:


A. Unless listed or described in another schedule, any of the following drugs having depressant effect on the central nervous system

(1) Chlorhexadol

(2) Sulfondiethylmethane

(3) Sulfonethylmethane

(4) Sulfonmethane
[1975, c. 499, §1 (new).]


B. Nalorphine; [1975, c. 499, §1 (new).]


C. Unless listed in another schedule, any of the following hallucinogenic drugs, or their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation

(1) Bufotenine

(2) Ibogaine

(3) Mescaline, including but not limited to peyote

(4) N-methyl-3-piperidyl benzilate

(5) N-ethyl-3-piperidyl benzilate

(6) Psilocybin

(7) Psilocyn

(8) Hashish;
[1977, c. 649, §2 (amd).]


D. [2001, c. 419, §7 (rp).]


E. Methaqualone or its salts; [1975, c. 499, §1 (new).]


F. Methprylon; [1975, c. 499, §1 (new).]


G. Glutethimide. [1975, c. 499, §1 (new).]


H. Unless listed or described in another schedule, the following hallucinogenic drugs or their salts, isomers and salts of isomers whenever the existence of the salts, isomers and salts of isomers is possible within the specific chemical designation:

(5) Diethyltryptamine, DET;

(6) Dimethyltryptamine, DMT;

(7) Dipropyltryptamine, DPT; and

(12) Alpha-ethyltryptamine, AET.
[2001, c. 419, §8 (amd).]


I. [1989, c. 924, §5 (rp).]


J. [1989, c. 924, §6 (rp).]


K. Diethylpropion or its salts; [2001, c. 419, §9 (amd).]


L. Gamma hydroxybutyrate, GHB, and its salts, isomers and salts of isomers; [2001, c. 419, §10 (new).]


M. Ketamine and its salts, isomers and salts of isomers; and [2001, c. 419, §10 (new).]


N. The following substances, if intended for human ingestion:

(1) Gamma butyrolactone, GBL, and its salts, isomers and salts of isomers; or

(2) One, 4-butanediol, BD, and its salts, isomers and salts of isomers.
[2001, c. 419, §10 (new).]
[2001, c. 419, §§7-10 (amd).]

3. Schedule Y:


A. Barbital or its salts; [1975, c. 740, §101 (amd).]


B. Chloral betaine; [1975, c. 499, §1 (new).]


C. Ethchlorvynol; [1975, c. 499, §1 (new).]


D. Ethinamate; [1975, c. 499, §1 (new).]


E. Methohexital or its salts; [1975, c. 740, §101 (amd).]


F. Methylphenobarbital or its salts; [1975, c. 740, §101 (amd).]


G. Paraldehyde; [1975, c. 499, §1 (new).]


H. Petrichloral; [1975, c. 499, §1 (new).]


I. Phenobarbital or its salts; [1975, c. 740, §101 (amd).]


J. Codeine (methylmorphine) or its salts; [1975, c. 740, §101 (amd).]


K. Any compound, mixture or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredient in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone

(1) not more than 2.5 milligrams of diphenoxylate with not less than 25 micrograms of atropin sulfate per dosage unit;
[1975, c. 499, §1 (new).]


L. Meprobamate; [1975, c. 740, §101 (amd).]


M. Ergot or any salt, compound or derivative of ergot unless listed in another schedule; [1975, c. 740, §101 (amd).]


N. Flurazepam or its salts; [1975, c. 499, §1 (new).]


O. Chlordiazepoxide or its salts; [1975, c. 499, §1 (new).]


P. Diazepam; [1975, c. 499, §1 (new).]


Q. Carbromal; [1975, c. 499, §1 (new).]


R. Chloralhydrate; [1975, c. 499, §1 (new).]


S. Fenfluramine or its salts; [1975, c. 740, §101 (new).]


T. [1977, c. 649, §5 (rp).]


U. Phentermine or its salts. [1975, c. 740, §101 (new).]
[1977, c. 649, §5 (amd).]

4. Schedule Z:


A. All prescription drugs other than those included in schedules W, X or Y; [1975, c. 499, §1 (new).]


B. Marijuana; [1975, c. 499, §1 (new).]


C. All nonprescription drugs other than those included in schedules W, X or Y as the Maine Board of Pharmacy shall duly designate; [1989, c. 924, §7 (amd); 1997, c. 245, §19 (amd).]


D. Butyl nitrite or isobutyl nitrite; and [2005, c. 430, §2 (amd); §10 (aff).]


E. A methamphetamine precursor drug. [2005, c. 430, §3 (new); §10 (aff).]
[2005, c. 430, §§2, 3 (amd); §10 (aff).]

5. Notwithstanding anything in this section, no drug or substance which is legally sold in the State of Maine without any federal or state requirement as to prescription and which is unaltered as to its form shall be included in schedule W, X, Y or Z.[1975, c. 499, §1 (new).]


the important part here is this:
C. All nonprescription drugs other than those included in schedules W, X or Y as the Maine Board of Pharmacy shall duly designate; [1989, c. 924, §7 (amd); 1997, c. 245, §19 (amd).]

at least in the state of maine any prescription drug possesion without a script is cause for arrest,simmilar laws probly exist in other states also

[Nagognog2]

By that token - they could charge you for having ibuprofen (Motrin) as it's available as a prescription drug - as well as over the counter. The same with various ant-acids. That's totally ridiculous. That law should be overturned.

[fnord]

im all for it,you bring me the spatula and ill start turning...thats basicly what swims doctor said when he said he needed proof that he was prescribed celexa.her mind was boggled by the fact that swim was charged criminally for possesing a antidepresent.so in answer to the origanal question be extreamly informed of any local laws in your area,also be aware that cops will take your stuff even if they have no right to,after that its up to you to prove that what they took was leagle

Reputation Comments on this post:

good researsch!

[Bajeda]

As far as I know, posession of Tramadol, a prescription but unschedule opiate, is not illegal in any way, even without a prescription. Only selling it is regulated I belive. There are some states that have a different law I think, but otherwise as an unschedule substance I'm sure that you can't be prosecuted for simply having Tramadol, even without a prescription, so it should be the same for other uncontrolled substances.

[DrMuffy]

Originally Posted by Bajeda

As far as I know, posession of Tramadol, a prescription but unschedule opiate, is not illegal in any way, even without a prescription. Only selling it is regulated I belive. There are some states that have a different law I think, but otherwise as an unschedule substance I'm sure that you can't be prosecuted for simply having Tramadol, even without a prescription, so it should be the same for other uncontrolled substances.

Yes Tramadol (Ultracet, Utltram) is legal, in most states, to have on your per son. It is controlled though, kinda...One cannot prescribe it and or sell it without a DEA licsense. SWIdr is not sure if this "loop hole" exists in Maine, but it sure does where SWIdr lives !!

[Nicaine]

AFAIK, possession of non-scheduled prescription drugs without a prescription is probably legal in the U.S. There may be some gray areas involved, e.g. state/local regulations and things like that... not to mention reactionary police officers. It's possible someone could get arrested anyway, but would probably be released shortly thereafter.

I wouldn't recommend passing anything around that one acquired without a prescription... that's asking for trouble IMO. Beyond that, SWIY is probably OK.

[darawk]

The definition of what constitutes a 'prescription' drug is pretty broad I think..would they also include 'unapproved' substances in that list? If so, possession of practically ANY synthetic substance could be considered a crime.

[Henfer]

there are two different prescriptions, the usual ones your doc gives you for antibiotics etc. and then the type that you need a special license for and a good explaination why you gave it out...

with "prescription" swim always means the first one.

[hoodabudda]

you can still get in trouble for having it.if you have 1000 somas and you get rolled,your done.

[darawk]

Originally Posted by hoodabudda

you can still get in trouble for having it.if you have 1000 somas and you get rolled,your done.

Only because that's not a personal use quantity and it's considered to be for distribution(which is illegal).

[hoodabudda]

Originally Posted by darawk

Only because that's not a personal use quantity and it's considered to be for distribution(which is illegal).

oops ment 100 somas but if swiy had like 30 tabs i cant see the officer just bein like 'yeah your free to go,just promise me youll lay off the somas"

[DrMuffy]

Carisoprodol (Soma) is actually a controlled substance in a few states... sadly including SWIdr's own "Land of Enchantment"...

[hoodabudda]

Originally Posted by DrMuffy

Carisoprodol (Soma) is actually a controlled substance in a few states... sadly including SWIdr's own "Land of Enchantment"...

U.S. STATE LAW #
Alabama #
Schedule IV in Alabama. Alabama Administrative Code.
Arizona #
Schedule IV
Georgia #
Schedule IV
Hawaii #
Schedule IV
Florida #
Schedule IV
Kentucky #
Schedule IV
Massachusetts #
Schedule IV
Nevada #
Schedule IV
New Mexico #
Schedule IV
Oklahoma #
Schedule IV - 63-2-210 (Thanks Mark)
http://www.erowid.org/pharms/carisop...odol_law.shtml good ol erowid!!

[Henfer]

yep, swim does have around 40ml of tilidin with him... that's also the smallest amount you get if the doctor gives you the precription, so it's absolutely apparent that this is only for personal use.

[allyourbase]

since when is DPT illegal?
nvm swim read right through the "state of maine" bit.