“I Was Just Picking It Up for Mom”: Why Holding Someone Else’s Oxycodone Can Be Legal (State v. Latona)

By: John Guidry

Central Florida has its fair share of oxycodone cases, in part due to our abundant pain management clinics dispensing scripts seven days a week. Arrests for Trafficking in Oxycodone are abundant in Seminole County (even more than Orlando, it seems), because police agencies have set up undercover operations in the parking lots of Walgreens and CVS stores in an attempt to witness drug sales.

• The Question: Are people dumb enough to exchange drugs in a pharmacy parking lot?
• The Answer: Yes. One Seminole County department made over 160 such arrests.

The Real Problem: The Caregiver Trap The underlying problem isn’t the drugs themselves—we know oxycodone is legal with a script. The problem is: When is it okay to possess someone else’s prescription? Many of us with elderly parents have been guilty of possessing a controlled substance when our sick parents couldn’t pick it up themselves. I’ve done it. So, where do the courts draw the line?

Did you get arrested for holding your family member’s medication?

You have a valid defense. Call John today at (407) 423-1117.

The Case: State v. Latona (The Power of Attorney Defense)

This issue was addressed in State v. Latona, 75 So. 3d 394 (Fla. 5th DCA 2011).

• The Facts: Latona was pulled over for a traffic stop. A search revealed three pill bottles full of Oxycodone.
• The Catch: Latona did not have a prescription. The bottles were prescribed to “H.H.”
• The Defense: Latona had a Power of Attorney to conduct affairs for “H.H.” and argued she was holding the meds as his agent.

The Ruling: Dismissed Latona filed a Motion to Dismiss based on the “Prescription Defense,” which permits a prescription holder to allow another person to hold their medications on their behalf.

• The Outcome: The Appeals Court agreed (thank God!). Even though Latona didn’t have a prescription, she had a legal right to possess the pills as the authorized agent of the patient.
• The Takeaway: You do not need to be the patient to legally carry the bottle, but you do need to be an authorized agent.

John’s 2026 Update: The Digital Paper Trail & Trafficking Traps

Note: In 2011, Latona won with a paper Power of Attorney. In 2026, the pharmacy computer is your best witness.

1. The E-FORCSE Database Defense In 2026, every controlled substance pickup is logged in Florida’s E-FORCSE database.

• The Law: When you pick up Mom’s Oxycodone, the pharmacist must scan your ID.
• The Strategy: If you are arrested with her pills, we pull the E-FORCSE log. It proves you were the Authorized Agent who legally picked them up from the pharmacy. This digital footprint is often stronger proof than a Power of Attorney.

2. The “7 Gram” Trafficking Trap Be very careful with quantities.

• The Law: In Florida, possessing just 7 grams of Oxycodone (about a handful of pills) is Trafficking.
• The Danger: If you are holding Mom’s entire 3-month supply, you might be holding a “Trafficking Weight.” If the police don’t believe you are the caregiver, you aren’t facing a possession charge—you are facing a 3-Year Minimum Mandatory Prison Sentence.
• The Advice: Only carry what is needed for the immediate trip. Leave the bulk supply locked up at home.

3. “Loose Pills” are a Felony In Latona, the pills were in the original bottles.

• The 2026 Reality: If you carry Mom’s pills in a generic “Mon/Tue/Wed” plastic organizer or a Ziploc bag, you lose the presumption of legality.
• The Rule: ALWAYS transport pills in the original amber bottle with the label attached. If the label is gone, the police assume it’s black market, and you will be arrested before you can explain.

Don’t Be a Mule

It is nice to know we can still pick up Mom’s meds at Walgreens without going to prison. But if you are the designated courier, treat those pills like nuclear waste: keep them in the proper container, have your ID ready, and go straight home.

Call me at (407) 423-1117. Let’s prove you were the agent.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.