Legal Question in Criminal Law in Texas

It is illegal to possess drugs for the wrong reason. To elaborate - if the drugs are not in the prescription bottle, then someone could be arrested for illegally possessing them. It depends on where they are found within the vehicle and whether or not you are alone or with others in the vehicle.

If the drugs are in a prescription bottle and the lable is intact, then officers might call the owner of the prescription to confirm that they know you and that they left their meds in your car. If they know you, no problem. If they don't, then you are subject to being arrested for possessing the drugs. (See the above for who could be arrested.)

If the drugs are in a prescription bottle but the label is removed or unreadable, you are subject to being arrested. (See the above for who could be arrested.)

As you may be aware, someone else can pick up your prescription for you with your permission so they would have your drugs in their car and that would be okay. Note, however, that the laws are getting more and more strict with regard to prescription drugs and now some pharmacies refuse to release drugs except to a parent, spouse, or the named person.

It could be illegal to carry someone else's prescription. The bottle needs to have the label on it. The bottle does not need to have different types of meds in the same bottle or a medication different from what is on the label. Someone needs to be able to verify a legitimate reason for why the person is in possession of the prescription.

Police and prosecutors try to be careful with arresting people for the offense because it is common practice for family members and friends to pick up prescriptions for one another. Sometimes an over zealous police officer will not check out a story before making an arrest, but if the defendant hires an attorney that can investigate the reason for possession of the prescription it usually works out.