“PCS PG 3 <28G” might as well mean nothing to the average person looking at charge information or at a booking sheet. “PCS,” as I have explained before, is an abbreviation for “possession of a controlled substance.” “PG” is an abbreviation for “penalty group” and the “3” just references the penalty group that the controlled substance is designated as. The “<28G” is self-explanatory—less than 28 grams. So, “PCS PG 3 <28G” means possession of a controlled substance in penalty group 3 in an amount less than 28 grams. Good enough.
What’s in Penalty Group 3?
So what substances are contained in Penalty Group 3? Well, lots of substances. The most common substances in Penalty Group 3, however, are Alprazolam (commonly, Xanax), Lorazepam (commonly Ativan), Clonazepam (commonly, Klonopin), Diazepam (commonly, Valium). Note that the majority of substances listed above of a class called “benzodiazepines” (or “benzos”), which are prescribed often to treat anxiety disorders, insomnia, and panic attacks. Note also that benzodiazepines are currently very popular for recreational drug use.
What if I have a Prescription?
The other major commonality is that all of these substances are available through prescription. For this reason, controlled substances like Xanax or Valium are not inherently contraband. I can, for example, get a prescription from my doctor for Xanax to treat my fear of flying.
The charge “possession of a controlled substance penalty group 3, less than 28 grams” carries an implied caveat of sorts: that possession of a substance in penalty group 3 is only illegal if the possessor does not have a valid (legally issued) prescription for the substance at the time of possession. So, it is not surprising that the Health and Safety Code (aka the Law) provides a defense to possession of a controlled substance in penalty group 3 that “the person obtain[ed] the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice [from a doctor or medical professional].”
Do I have to keep it in the bottle?
Let’s walk through a scenario: you get pulled over and arrested for traffic warrants (you forgot to appear for a speeding ticket last month.) When you get to the jail, the police search you, and inventory your personal property. Inside of your pocket, the cop finds two Xanax bars (pills). The officer asks you if you have a prescription for Xanax.
Suppose you do. But suppose it is miles away at your house. (Obviously, if you don’t have a valid prescription for Xanax, this would be a great time to remain silent and refuse to answer the question.)
What is the best way to prove that you obtained the substance from a doctor or medical professional? Controlled substances contained in a prescription bottle with information indicating that you were prescribed the substance is the best way. This is, after all, how we receive medication from the pharmacy. But you have the Xanax in your pocket, not in a prescription bottle.
The officer could call a pharmacy, but pharmacies generally are prohibited under HIPAA from disclosing what medication a given person is taking, so that’s out. (What medication a person is taking falls into the protected category of confidential health information, so HIPAA applies.) Besides, police aren’t in the business of calling your pharmacy, your roommate, or your spouse to confirm whether you have a prescription for a controlled substance or not.
So what if you have, say, Xanax in your pocket, and have a valid prescription for it, but the prescription bottle is at your house miles away? Unfortunately, in most instances, you will be arrested for Possession of a Controlled Substance Penalty Group 3 <28G, a Class A misdemeanor. If you are later able to show that you had a valid prescription for the substance at the time you encountered the police, then the charge is generally dropped or not filed.
How Can I Prevent Being Arrested for PCS PG 3 <28G If I Have a Prescription?
How can you prevent being arrested, having to post bond, hire a lawyer, and waiting for your PCS PG 3 <28G charge to be dismissed because you had a valid prescription for the Xanax? I would suggest you take a photograph of the prescription bottle, or, better yet, photograph the paperwork that comes attached to the precscription bag your medicine is in (the one with the prescription information on it, side effects, dosage, etc.) and keep the photograph on your phone.