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The post below was published on Saturday, January 22nd, 2011 at 10:42 PM.

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First District: Prescription Defense

Subsection (6)(a) of this statute makes it unlawful to possess a controlled substance “unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice . . . .”

The exception clearly applies if the possessor has a valid prescription, but does it also apply if the possessor is holding the substance on behalf of someone else who has a valid prescription for it?

The First District confronted that question in this case. The answer? Yes, the exception includes possession on behalf of another.

















































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