Arrested for Holding Your Spouse’s Pills? The “Prescription Defense” Explained

By: John Guidry

There are more prescription drug arrests than ever before—primarily involving possession of oxycodone or hydrocodone. While there are many contributing factors, one near and dear to my heart is law enforcement’s poor handling of the situation.

Police often have little motivation to do any sort of “investigation” when it comes to prescription meds. Their logic is simple: If you don’t have a prescription label on the bottle, you’re going to jail.

For the oxycodone patient, this is a vicious cycle. You don’t want to carry a bottle that advertises “valuable pills inside” to thieves, but if you put them in a different container, you risk arrest by lazy officers who refuse to make a simple phone call to verify a prescription.

Arrested for carrying pills for a loved one?

You have a valid defense. Call John today at (407) 423-1117.

The Legal Breakdown: Romanyuk v. State

Let’s look at a real-life example of this “arrest first, ask questions later” mentality in Romanyuk v. State, 141 So. 3d 749 (Fla. 2d DCA 2014).

• The Facts: Ms. Romanyuk was a passenger in a car. Police searched her purse and found oxycodone pills. She explained she was holding them for her husband, who had a valid prescription.
• The Charge: Despite her explanation, she was charged with Trafficking in Oxycodone (4 grams or more).
• The Sentence: She was convicted of possession and sentenced to 30 months in prison.

The Trial Errors: Ms. Romanyuk tried to use the Prescription Defense—the legal right to hold a controlled substance if you have a valid prescription or are holding it for the prescription holder (like a spouse).

1. Blocked Evidence: She tried to show the jury pharmacy printouts proving the prescription. The judge refused, ruling they were inadmissible “business records” without a pharmacy employee there to testify.
2. Blocked Testimony: The judge refused to let her clearly testify that her husband had a valid prescription.
3. Blocked Instruction: Most fatally, the judge refused to read the “Prescription Defense” jury instruction to the jury.

The Appeal: Justice (Eventually) Served

The Second District Court of Appeal had enough. They overturned the conviction, ruling that the judge’s failure to give the prescription defense jury instruction was a fundamental error.

The Outcome: The conviction was thrown out and sent back for a new trial. And, checking the Charlotte County Clerk of Court’s website, after the opinion came back, the prosecutor finally did the right thing and dropped all charges (nolle prosequi).

But remember: Ms. Romanyuk had to endure a trial, a prison sentence, and an appeal just to prove what a 30-second police phone call could have verified at the scene.

John’s Takeaways

• Holding Pills for Others is Legal (Sometimes): It is perfectly legal to hold someone else’s pills—especially your spouse’s—so long as you have their permission and they have a valid prescription.
• The Police Won’t Investigate: Do not expect “CSI” or “NCIS” level work. Many officers today find it easier to make an arrest than to verify a story. If you are caught with loose pills, expect to go to jail, even if you are innocent.
• Evidence Rules Matter: Ms. Romanyuk’s case nearly failed because she couldn’t get the pharmacy records into evidence. If you are going to trial on a prescription defense, we need certified records or a pharmacy employee subpoenaed to testify. A printout you brought from home often isn’t enough for a strict judge.
• The Jury Instruction is Key: If the jury isn’t told that “holding pills for a spouse” is a legal defense, they will convict you for possession every time. We must fight to ensure they know the law.

Don’t Be a Victim of Lazy Policing

If you were arrested for possession because an officer was too lazy to verify a prescription, we need to fight back. The “Prescription Defense” is powerful, but only if handled correctly in court.

Call me at (407) 423-1117. Let’s get your case dropped.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.