A Dunedin, FL man was just released after spending 2 years in prision for posession of 58 Vicodin pills - for which he had a valid, legal prescription. FL state law says possession of so many pills is trafficking, and apparently the prescription doesn't matter.
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Comments
It's hard to believe that such archaic laws are in effect! I have to deal with chronic pain and take 3 vicodin pills every day, which amounts to 90 per (30) day month. All of my medications are by prescription also. I guess I better stay away from Florida!
I, too, live in Florida, but fortunately don't take vicodin or any other barbituate.
Let's hope this comes to light and the Florida legislature does something to remove some of their archaic laws.
2 years for 58 Vicodin?! I guess the moral here is: if you have a prescription for painkillers in Fl., become a right-wing Republican hypocrite and get a radio talk show; that way if you're caught you won't do ANY time.
I live in Florida, was born in Dunedin in fact, and take Methadone every 8 hours to control chronic pancreatitis which is a result of outliving the average of someone with cystic fibrosis, basically, through no fault of my own. I normally get a one-month supply at a time, but if I chose, I could get 3-months worth from my mail order pharmacy. I get 75 tablets at a time, can't get the script early from my doc unless it happens to fall for renewal on a weekend. I or my husband, whichever of us picks it up, have to sign for the script at the docs office, then again at the pharmacy unless we use the pharmacy's drive-through window (never have understood that). It's a pretty tightly controlled process.
Until reading this story, I had no idea that such a law even existed. It's not likely to stop me from getting my script filled every month as I could literally die from the pain if I weren't on pain killers.
Will I move to back to the county of my birth or become a Republican and get my own talk show so as to avoid any chance of getting arrested? I'd move to Texas before either of those would happen and if you knew how I felt about GW, well, you'd know that won't be happening in this lifetime.
A very sad comment on my home state of Florida, indeed. I wish this gentleman all the best. I think, that in his case, to file a lawsuit would not fall into the Stella category. Quite the opposite.
The only thing I can think of is, did he have the pills in the bottle when he was "caught". On the way home from the pharmacy for instance. I would think that one would be fine. After all, how are you supposed to get them home. Now if they were loose in his pocket and he had "no idea how they got there", that would make me go hmmmmm. Prescriptions should generally stay in the bottle they were "born" in. Just a doc's approach.
This is a good example of a zero tolerance mentality overriding common sense. Prosecutors should have the discretion to evaluate the evidence and make reasoned judgments in deciding to pursue a case.
I definitely believe the legal systems interpretation of this law was ridiculous, but I wonder...should the doctor that prescribed the pills, or even the pharmacist that filled the script be held accountable for the state laws?
While he was incarcerated did the state provide his Vicodin thus making themselves pushers?
My first reaction was there had to be more to this story than just having the pills. Perhaps he was trying to sell some of them. Otherwise 2 years for possessing 58 tablets seems more than excessive
I would say that the state is a drug pusher! I loved that comment. Glad to have this to read and laugh about because if it weren't so sad and stupid, I would have to cry.
I hope he does get to sue all of them! And I wish him the best!
The article says that they jury was never advised that a proper prescription makes such possession legal. Although it does not say so, I can only infer that the defendant had no legal counsel during trial, and only hiring counsel after conviction for appeal. One might think that the law should be common sense, but that's why you do have the right to an attorney, because the prosecution has a job to do; wrack up the convictions.
I've experienced it myself, and this article reiterates it. No matter how ridiculous the charge, make sure you're represented by an attorney, because it's not about truth, justice, nor common sense, but doing a job.