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Criminal Law : Drug Possession – Lawful Prescription – Manner Of Ingestion

Where a defendant, who was provided with oxycodone in the hospital, crushed and injected the drug rather than taking it orally as directed, challenged his convictions for possession of a controlled substance and unlawful use of drug paraphernalia, the judgment is reversed and remanded because the plain language of the possession statute required a defendant to show that he obtained a controlled substance pursuant to a valid prescription or doctor’s order, which he did, and the legality of his possession was not affected by the manner in which he took the substance, and because he was in lawful possession of the drug, he could not be charged with possession of drug paraphernalia.

Judgment is reversed and remanded.

State v. Graham (MLW No. 70451/Case No. ED103897 – 9 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.) Appealed from circuit court, St. Louis City, Dierker Jr., J. (Julie Regenbogen for appellant (Karen Kramer for respondent).

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