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Simple Possession: "Valid Prescription" Exception

By Baker Associates

The way that Tennessee?s simple possession statute is written provides that it is an offense for a person to possess a controlled substance ?[u]nless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.? Thus, Tennessee law creates a ?valid prescription? defense to a simple possession charge. To establish such a defense, a defendant basically has to prove to a jury?s satisfaction that he or she had a valid prescription to possess the controlled substance at the time the offense was committed. In a case that recently came before the Tennessee Court of Criminal Appeals, the defendant tried to prove that he possessed a valid prescription for a controlled substance by arguing that the prescription belonged to his friend and that his friend had a prescription for the substance which created a situation that would establish a ?valid prescription? defense...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 17, 2010 (boomark / email).