possession of prescription drug

My 25 year old son was recently arrested for possession of one valium. He was walking home one night with some friends. Across the street, a car was being pulled over. The police stopped them next. After checking drivers licenses, my son was told he had a warrant.  This turned out to be false. In his front pocket was one valium. He had no prescription. He was arrested and charged with a felony. He has never been in trouble before. He does have a prescription for another drug in the same valium family for panic attacks. But, It was prescribed after the incident.  He has a great job, lives alone (unfortunately paycheck to paycheck) He is scared to deatha about this.We Live in Ca.  Any advice????  Thanks

He needs to zip his lip shut  and get a criminal defense attorney like NOW!

He should apply for a public defender or hire private counsel.

It is illegal to possess prescription meds that you do not have a prescription for.  Period.

If the officers acted in good faith on a supposed warrant, a search incident to the arrest is likely valid.

"It is illegal to possess prescription meds that you do not have a prescription for.  Period."

My husband is ill, at home, in bed. I go to the pharmacy to pick up a phoned-in prescription for him, then bring it back to him at home.

Is that illegal?

I would highly doubt it.  In that case, you are picking up an Rx for which there is a prescription, and it's totally normal to pick up meds for your spouse.  I cannot speak for him, but I don't believe the poster meant to imply that.

Especially in the case of meds that are considered "controlled substances" such as benzos, etc., one would get in trouble for taking someone else's Rx.

I know that picking up a prescription for a spouse is not the OP's situation. I was asking about Ford's blanket statement that possession of a prescription drug is illegal.

My husband had back surgery and has a legitimate prescr... for a powerful narcotic. He's very, very careful about how much he takes, as he fully realizes the chances of becoming addicted. I'm just wondering if I put myself in legal jeopardy if I pick up the prescription for him and bring it home, should he have a cold or something and be unable to go out.

Similarly, my mother-in-law broke her wrist and got it set at the urgent care clinic. She was given a prescription for the same narcotic, and chose to not get it filled out of fear of addiction. ("No, I'll be fine. I don't want to be a bother.") We brought her to our house, got her comfy in bed, then later that night she was in so much pain that she changed her mind. I took the prescription and got it filled, bringing it back to her. She's 83 years old and it seemed crazy to drag her out at night, in considerable pain, just so I would not be "in possession" of a narcotic not prescribed to me.

I can't speak for Ford.  I doubt, however, that you would have any issues with picking up these meds -- especially if the bag is sealed if you were pulled over for something on the way home.

Not that Ford typically needs clarifying but the possession of loose RX meds on your person (in the pocket) outside of the container legally dispensed in, demonstrates intent to consume them and in large enough quantities possibly distribute as well. 

Someone who picks up a legally prescribed RX for a relative and still has it in the bag from the pharmacy with the receipt, the dispensed amount, and a legitimate reason to be doing so is not likely in any danger of being charged.  Doesn't mean some overzealous cop won't but a good attorney can get it tossed quickly if the prosecutor doesn't see it as ridiculous and toss it first.  Carry around someone else's meds in the RX bottle loose in your purse/pocket without legitimate reason and you are treading on thin ice and could very well be charged and have to defend to get it dropped.  

The elderly move their pills into those daily/weekly pill boxes to keep their meds straight when they take many prescriptions.  Technically they could be charged for not carrying the RX meds in the original dispensing container as the laws in most if not all states say that RX meds must be in the dispensing container to be considered legal.  However cops and prosecutors have better things to do than to go after Grandpa for carrying around his diurtetics, blood pressure, heart pills, and arthritis medicine in a carry all.  

Now if Junior gets busted with a variety of pills in a carry all container and can't explain what they are for and why he/she is carrying them then they can expect to be charged and have to defend.  

Does that make sense?

Of course it makes sense that I can carry home a prescription in the original container, inside a paper bag stapled and sealed with the prescription info on the outside.

I can't imagine any reasonable person having a problem with that. My husband usually fills his own prescriptions, but I've done it for him, occasionally, as a favor.

My question is the letter of the law. Not what a reasonable person would assume, but the actual letter of the law.

Another scenario comes to mind. A parent has a prescription for their child in a pocket or purse. The child needs the medicine and that is dispensed, as directed by the physician, by the parent. Would that be a case of a person possessing a prescription drug that was not prescribed to them?

If you are legitimately taking your spouse's or family member's prescription down to fill for them for their convenience the law isn't interested in you.  It is fraudulent prescriptions they go after.  i.e.  writing or calling in your own and you aren't a doctor or licensed provider legally allowed to do so.  OR begging, "borrowing," or stealing someone else's meds for your own use is another area they target.

Since parents are the legal guardians they are authorized by custodial law to fill the RXs and dose their kids. However the tightening "possession laws" are why kids who need medication have to get permission slips filled out and signed by parent and (in my state at least) the prescribing physician stating what it is and when they need it.  In some cases why may be included. Schools, field trips, summer camps etc. won't give it without the permission slip and the medication arriving in the pharmacy bottle.  I know some parents who won't dose a kid with a prescription RX at a sleep over etc. not wanting liability for the meds or if anything goes wrong.