Legal Question in Criminal Law in California

A few summers ago, I went on a fishing/camping trip to Montana with a friend and took along a pill dispenser with two weeks of vitamins/supplements that I normally take at home: multi-vitamin, calcium, vitamin D3, fish oil, lecithin, vitamin C, baby aspirin. I have joint pain and saw a rheumatologist in the past, but he was not able to make a definite diagnosis for my joint pain. The vitamin/supplements I took with me were something I worked out on my own which helps to keep my joint pain under control. It works, because if I stop taking them, my pain increases. If I start taking them again, the pain decreases.

Anyway, I had no idea how much trouble a person could get in while carrying pills in a pill dispenser. The first night of our trip, I forgot the pill dispenser in a motel room, called the next day, and asked them to hold it for me, saying I would pick it up on the way back from my trip. Then, I bought replacements in Montana.

To make a long tail short, I picked up the pill dispenser on the way home. The motel did not call the police. But since then, I've learned that I could have incurred serious legal problems by carrying pills outside of the containers they were purchased in. As far as the police know, any such pills could be controlled substances and if they find or are told about such pills, they must investigate and assume they are controlled substances.

Nothing bad happened on my trip, and as such my question is basically hypothetical, but if I were to do the same thing again, and the police were to find my pill dispenser, how much trouble would I potentially be in for? What would be the proper way to transports such pills, in the bottles they were purchased in? Because that would be a lot of large bulky bottles to bring while traveling.


Asked on 8/02/14, 1:45 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

You're putting way too much concern into this.

True, if you were carrying narcotics (prescription ones) in something other than your prescription bottle, it could raise an eyebrow. But fish oil, vitamins and the other supplements you mention? I cannot imagine any law enforcement officer mistaking those things for prescription drugs that would cause concern. Prescription drugs are marked with manufacturers marks - letters and numbers or words that can verify what they are.

I suppose if you are really wanting to protect yourself, you could create a document with photos of the supplement bottles, a picture of the pills in the container and a close up picture ofeach supplement individually (with a ruler). Three photos per supplement and put all in one document you keep with your pills.

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Answered on 8/02/14, 2:00 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I do not know about Montana but there is no law in California requiring pills to be carried in their original container. At the same time in order to prevent the inconvenience of dealing with the police I usually advise clients, at least those with prescription medications for controlled substances, to use the prescription bottles. Many police officers use drugs.com to identify pills. If you have problems you might suggest to the officer that he go to drugs.com

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Answered on 8/02/14, 10:15 pm


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