State v. Faggin

Summary

The Louisiana Supreme Court held that a defendant charged with possession of hydrocodone could not quash the prosecution under Louisiana Code of Criminal Procedure article 532(10) based on another person's valid prescription. The defendant's claim that she possessed the drugs as an agent for her live-in partner presented a merits defense for the fact finder at trial, rather than a proper ground for a motion to quash.

Holdings

1. A defendant charged with violating the Uniform Controlled Dangerous Substances Law may invoke Louisiana Code of Criminal Procedure article 532(10) only when the defendant personally has a valid prescription for the substance; a prescription held by another person does not provide a ground for quashing the prosecution.
2. A defendant's claim that she retrieved controlled substances for another person and therefore did not possess them for her own use is a defense on the merits for determination by the fact finder at trial, not a proper ground for a motion to quash.

Questions Presented

1. Whether a defendant charged with possession of a controlled substance may quash the prosecution under Louisiana Code of Criminal Procedure article 532(10) by asserting that the substance was prescribed to another person for whom the defendant retrieved it.
2. Whether the defendant's assertion that she lacked possession because she acted as an agent for the prescription holder is a defense that may be resolved on a motion to quash or is instead a defense on the merits for the fact finder at trial.

Disposition

reversed