Question: If I have a prescription for 1 mg Xanax but have 2 mg Xanax in the bottle, can I be charged with possession? The pills were in my girlfriend’s prescription bottle. The cop threatened her to search by telling her that he was going to have DFACS take her kids if she didn’t let him.
Answer: When the officer threatened your girlfriend to consent to search, he may have conducted an unreasonable search under the Fourth Amendment. The police officer has discretion over what they will charge you with depending on the circumstances. You and/or your girlfriend may be charged with illegal possession of xanax under O.C.G.A. § 16-13-30. Possession can be actual or constructive. Therefore, actual possession means you have physical control of the xanax. Constructive possession means you have exercised control of the xanax based on the presented facts. If you are charged with a crime it would be beneficial to seek legal counsel.