Any person found in possession of a drug or medicine limited by law to dispensation by a prescription, unless such drug or medicine was lawfully dispensed, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 and, in addition thereto, may be imprisoned in the county jail for hard labor for not more than one year. This section shall not apply to a licensed pharmacy, licensed pharmacist, wholesaler, manufacturer, or his or her representative acting within the line and scope of his or her employment, physician, veterinarian, dentist, or nurse acting under the direction of a physician, nor to a common carrier or messenger when transporting such drug or medicine in the same unbroken package in which the drug or medicine was delivered to him or her for transportation.
(Acts 1966, Ex. Sess., No. 205, p. 231, §31.)
Notes of Decisions
Muse v. State, 42 So. 3d 789 (Ala. Crim. App. 2009).
· cites it 4× “The circuit court sentenced Muse to 90 days' imprisonment for the DUI conviction and to one year's imprisonment for the prescription-drug-possession conviction. Both sentences were suspended, and Muse was placed on two years' supervised probation.”
Burdeshaw v. Snell, 365 F. Supp. 2d 1194 (M.D. Ala. 2005).
· cites it 2× “” Ala.Code § 34-23-7 (2004). Burdeshaw does not dispute the fact that he possessed Predni-sone, that Prednisone is a prescription drug and that he is only able to obtain one prescription at a time.”
Beavers v. State, 952 So. 2d 467 (Ala. Crim. App. 2006).
· cites it 2× “) Beavers also argues on appeal that the trial court erred in refusing his request to charge the jury on § 34-23-7, Ala.Code 1975, as a lesser-included offense.”
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