What defenses are viable for unlawful possession of prescription drugs in Georgia?
Possession of prescription medication can lead to charges in Georgia when a person possesses a controlled substance without a valid prescription, since many prescription drugs are controlled substances under the schedules in O.C.G.A. 16-13-30. The analysis often centers on whether the possession was authorized and whether the knowledge element is satisfied.
A valid prescription is central. Many prescription medications are Schedule II through V controlled substances, and possessing them is lawful when authorized by a valid prescription. Whether a person had a valid prescription, and could establish that authorization, is therefore a key consideration in these cases.
The manner of possession can also be relevant. Georgia law addresses how controlled substances obtained by prescription are to be kept, and questions can arise around possession outside an original container, with the application of those provisions tied to the particular charge brought.
Awareness of what was possessed remains part of the picture. A controlled substance offense requires that a person knew they possessed the medication and knew its nature, which can become relevant where a pill belonging to a family member, a roommate, or another person was involved, or where someone did not realize a medication was a controlled substance at all.
Authorization tends to be the threshold question in these cases. A valid prescription transforms otherwise unlawful possession into lawful conduct, so establishing whether that authorization existed, and whether the person knowingly possessed the substance at all, often determines the direction the case takes from the outset.