“It’s My Mom’s Medication”: Can You Be Arrested for Holding Someone Else’s Pills?

By: John Guidry

Can you imagine being arrested for possessing a felony drug for which you had a valid prescription? Well, it happens. We won’t explore why such arrests happen (that would launch me into a rant about lazy law enforcement for another 1,500 words).

• The Good News: There is a defense to possessing legally prescribed pills. It is called the Prescription Defense.

Were you arrested for carrying your spouse’s or parent’s medication?

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

The Law: You Don’t Have to Be the Patient

Florida Statute 893.13(6) makes it illegal to possess a controlled substance unless it was “lawfully obtained from a practitioner or pursuant to a valid prescription.”

• The Interpretation: Recently, Florida courts have recognized that someone other than the patient can possess the pills without breaking the law.
• The “Agency” Rule: The prescription defense extends to Agents of the prescription holder. This means you can legally hold pills for your mom, dad, spouse, or even a friend, provided you have their authority.

The Case: Ramirez v. State (Implied Authority) In Ramirez v. State (2013), a man was charged with trafficking Hydrocodone found in his bedroom.

• The Defense: The pills belonged to his mother. She left them in the living room, and he moved them to his room to keep them safe from guests.
• The Ruling: The conviction was overturned. The court ruled that “express authority” (a written note) is not required. Ramirez had Implied Authority to safeguard his mother’s medication.

Do You Need the Pill Bottle?

Legally? No. Florida law does not require you to keep your prescription in its original bottle. (If it did, those Monday-Sunday pill organizers my mom uses would be illegal contraband).

Practically? Yes.

• The Risk: Citizens expose themselves to arrest by lazy police officers who aren’t interested in researching the validity of the pills.
• The Arrest: If you have loose Xanax in a baggie, the officer will likely arrest you and let the judge sort it out later. Always carry the bottle or a photo of the label to avoid the ride to jail.

The “Motion to Dismiss” Strategy

The Prescription Defense is so strong that we can often get the case thrown out before trial.

• The Case: State v. Latona In Latona, the defendant was caught with three bottles of Oxycodone prescribed to someone else. She had a Power of Attorney for that person. We filed a Motion to Dismiss, and the appeals court upheld the dismissal.
• The Lesson: If we can prove you were acting as a caregiver or agent, the State has no case.

John’s 2026 Update: E-FORCSE & The Fentanyl Trap

Note: In the past, you could say “I have a script at home.” In 2026, the officer checks the cloud.

1. The E-FORCSE Database Police no longer rely on your word.

• The Tech: During a stop, officers access Florida’s Prescription Drug Monitoring Program (E-FORCSE).
• The Reality: If you claim the loose pills in your pocket are yours, they check the database right there. If your last fill date was 2 years ago, or the pill markings don’t match the database, you go to jail immediately.

2. The “Counterfeit Pill” Danger In 2026, street pills (Xanax, Oxycodone) are often pressed with Fentanyl.

• The Trap: If you hold a pill for a friend that turns out to be counterfeit, the “Prescription Defense” fails because you cannot have a valid prescription for illicit Fentanyl.
• The Charge: If that pill kills someone, you aren’t just facing possession; you face Death by Distribution (Murder). Never hold a pill unless you personally saw it come out of the pharmacy bottle.

3. “Pill Organizer” Probable Cause Because of the Fentanyl crisis, police are suspicious of any pills not in a bottle.

• The Advice: If you use a daily organizer, keep a photo of the original bottle on your phone. It might be the only thing stopping an officer from seizing your meds and taking you in for “Trafficking.”

Don’t Let a Legal Prescription Ruin Your Life

If you were arrested for valid medication, we can fight it. We know how to prove Agency and get these cases dismissed.

Call me at (407) 423-1117. Let’s clear your name.

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.