How to Legally Transport Medications in Minnesota

Medications that are on a Minnesota controlled substance list must be transported in their original container with the attached prescription to avoid possible arrest. Under Minnesota law, prescription medications must be transported according to strict rules, even if the medications were legally prescribed by a physician.

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Carry Medications with Caution

Rules for transporting medications are quite strict, stating that they must be carried in their original container along with the attached prescription. If medications are not transported according to the rules, an individual may be charged with a felony offense.

People with chronic illnesses commonly carry their prescription medications with them when they leave the house. Although their medications are perfectly legal, law enforcement has a difficult task of distinguishing between legal and illegal drugs without medical proof. Even aspirin and antacids can be hard to identify without proper packaging. When transporting medications, Minnesota law states the following:

  • Carry proof that identifies the medications
  • Carry proof of a prescription by a licensed medical physician
  • Carry all medications on the controlled substance list in original containers with prescriptions attached

When medications are transported without proper documentation, law enforcement may suspect drug abuse, drug possession, or drug sales which can lead to arrest, fines, and even jail time.

Despite the fact that millions of Americans are on prescription medications, much work needs to be done to raise awareness about the laws that govern carrying medications. Unfortunately, the government has done little to educate the public, medical professionals, or law enforcement, so there is a lot of confusion on the subject. Some states require original containers with prescription labels for all transported medications, while other states only require this with controlled substances. Still other states allow medications to be transported in any type of container, as long as a medical prescription can be presented.

People who take prescription medications for chronic illnesses can be easily mistaken for people using illegal drugs. If stopped by law enforcement, a police officer must have a search warrant, “probable cause” or consent to search the person’s belongings or car. When searching for drugs, if drugs are in plain sight this constitutes probable cause. If criminal activity is suspected, police officers are allowed to perform a search based on “reasonable suspicion.”

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.