“It’s Not My Prescription”: When Holding Someone Else’s Pills is Perfectly Legal

By: John Guidry

Drugs are a funny thing. The exact same pill can be legal or illegal depending on two things:

1. Is there a valid prescription?
2. Is the person holding the pill connected to that prescription?

With Big Pharma cranking out pills and Central Florida’s history of pain clinics, the police are always watching.

• The Trap: You get pulled over with a few Xanax or Oxycodone in your pocket. You don’t have the bottle.
• The Charge: Possession of a Controlled Substance (a 3rd Degree Felony).

Did you get arrested for holding your wife’s medication?

You might be her legal “Agent.” Call John today at (407) 423-1117.

The “Agency” Defense: Holding It for a Friend

Some drugs (like cocaine) are illegal on sight. Prescription pills are different. It is perfectly legal for a doctor or pharmacist to possess them. It is also legal for an “Agent” of the patient to possess them.

The Case: McCoy v. State In McCoy v. State (2010), a woman was charged with Trafficking in Hydrocodone.

• The Facts: She was found with a bottle of her husband’s pills.
• The Defense: She claimed she was holding them because her husband’s work clothes didn’t have pockets.
• The Ruling: The Court found her Not Guilty.
  • The Logic: Florida law allows an “Agent” to possess medication for the patient. An agent is simply “one who is authorized to act for or in the place of another.”
  • The Takeaway: If you are picking up meds for your mom, or holding your girlfriend’s pills because she doesn’t have a purse, you are her Agent. You are not a criminal.

The “Sharing” Trap (May v. State) Warning: While you can hold them, you cannot pass them around. In May v. State, the court found that passing a pill bottle around a car gave police Probable Cause to stop and search. Innocent agency looks like holding; “sharing” looks like distribution.

Is It Illegal to Possess an Old Prescription?

No. There is no legal time limit on possessing a validly prescribed drug.

• The Scenario: You hurt your back in 2015. You have 3 Oxycodone pills left in the cabinet.
• The Arrest: You are caught with them today. The officer says, “This prescription expired 5 years ago!”
• The Defense: So what? The statute only requires that the substance was “lawfully obtained.” If it was legal when you got it, it is legal to keep it forever (even if you are a hoarder like my mom).

The “Lazy Cop” Problem (And the Bottle Myth)

One common misconception is that you must carry the pills in the orange prescription bottle.

• The Law: You are not legally required to carry the bottle.
• The Reality: Lazy police officers often won’t bother to check the database. If you have loose pills in a baggie, they will arrest you and let the lawyers sort it out later.
  • Advice: Always keep the bottle or a photo of the label on your phone to avoid the ride to jail.

John’s 2026 Update: Digital Scripts & The Fentanyl Risk

Note: In 2010, the risk was an arrest. In 2026, the risk is death or a Trafficking charge.

1. The “Pressed Pill” Danger In 2026, street pills often look exactly like pharmacy pills.

• The Risk: If you borrow a “Xanax” from a friend that turns out to be a Fentanyl Press, you aren’t just facing possession. If anyone overdoses, you face Death by Distribution (Murder) charges.
• The Defense: We have to prove you had no knowledge of the Fentanyl content, but the law is unforgiving. Never hold a pill unless you saw it come out of the pharmacy bottle.

2. The E-FORCSE Database Police no longer have to call the pharmacy to verify your story.

• The Tech: During a traffic stop, officers can access E-FORCSE (Florida’s Prescription Drug Monitoring Program).
• The Result: If you claim, “I have a script for this,” the officer checks the database instantly. If it’s not there, you go to jail. If it is there, but the pill count is off (you have 50 pills but picked up 30), they charge you with purchasing street supply.

3. Trafficking Thresholds It takes very little to hit “Trafficking” weight.

• The Math: 7 Oxycodone pills can trigger a 3-Year Mandatory Minimum Prison Sentence. In 2026, prosecutors are aggressive. They weigh the entire pill (filler and all), not just the narcotic amount.

Don’t Let a Prescription Become a Prison Sentence

Whether it’s an old bottle or a friend’s medication, the law has carve-outs to protect you. We know how to use them.

Call me at (407) 423-1117. Let’s verify that prescription.

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.