Possession of Controlled Substance Defined
A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner. Florida Statutes 893.13(6)
Prescription Drug Possession Charges in Florida
Although prescription drugs are legal, only those who have valid prescriptions from duly licensed doctors can possess prescription drugs, and only up to the amount prescribed. There are many different crimes in the context of prescription drugs. Some of the more common prescription drug charges include:
- Possession of Oxycodone / Oxycontin
- Possession of Xanax
- Prescription fraud
- Prescription Drug Sale
- Doctor shopping
- Altering prescriptions
- OxyContin/prescription drug trafficking
- Prescription pad theft
Most people associate drug crimes with illegal drugs like marijuana, cocaine and methamphetamines. The frequency of drug crimes involving prescriptions has increased tremendously.
Due to overdoses, prescription drug fatalities and addiction, prescription drug crimes have become one of the most important targets for law enforcement in recent years.
Many people are surprised to find themselves charged with prescription drug crimes. They feel that they obtained valid prescriptions from doctors, so they should not be in violation of any laws. Many people begin taking pharmaceutical drugs for legitimate reasons. Some pain medications are highly addictive, and patients find that they become dependent on these medications, even after using them for a short time.
However, Florida laws are becoming stricter regarding the quantity of the pharmaceuticals possessed and the details surrounding the acquisition of prescription drugs.
Our prescription drug crime lawyers in Orlando will look at the facts of your case, research the specific incidents surrounding the state’s investigations, the stop and arrest, and review every aspect of the state’s interactions with you regarding the prescription drug charges. We will do everything we can to help you obtain the best results possible in your case.
Prescription drug arrests often begin with a vehicle stop. Police officers may search the vehicle in which pharmaceutical drugs are found in an incorrect prescription bottle. Prosecutors may bring charges even if you had a valid prescription and just happened to have switched bottles for your own convenience.
The State of Florida is taking a hard stance regarding possessing prescription drugs without a valid prescription. Florida has consistently modified the laws regarding the amount or weight of drugs in your possession to reach the trafficking amount.
Many people do not realize that, whether you buy drugs off the street or obtain them in a doctor’s office, the consequences of involvement with prescription narcotics are serious. Unfortunately, this is a lesson that is often learned too late.
Prescription Drug Crime Defenses
Some of the most common defenses for prescription drug charges include:
- Illegal Search and Seizure
- Valid Prescription
- Warrantless Stop
- Speedy Trial
- Statute of Limitations
Prescription Drug Monitoring Program
The Prescription Drug Monitoring Programs (PDMP) is an electronic database designed to track controlled substances prescribed by Physicians. The Program is designed to assist law enforcement in preventing doctor shopping, alert over prescribing, regulate prescribing by the doctors/pharmacies and manage the public health.
This PDMP is often used as a tool by law enforcement prosecute a number of different criminal offenses.
Prescription Drugs that are Commonly Abused
Some of the most commonly abused opioids are:
- Oxycodone (Roxicodone, oxycontin, Percodan, Percocet)
- Hydrocodone (Vicodin, Lortab, Lorcet)
- Hydromorphone (Dilaudid)
- Meperidine (Demerol)
- Morphine (Cadian, Avinza, MS Contin)
- Fentanyl (Duragesic)
Some of the most commonly abused central nervous system depressants include:
- Mephobarbital (Mebaral)
- Benzodiazepines (also referred to as tranquilizers)
- Diazepam (Valium)
- Alprazolam (Xanax)
- Clonazepam (Klonopin)
- Lorazepam (Ativan)
Some of the most commonly abused stimulants include:
- Dextroamphetamine (Dexedrine and Adderall)
- Methylphenidate (Ritalin and Concerta).
Driver License Suspension for a Prescription Drug Offense
The Court is required to suspend your drivers license privileges for 6 months upon a conviction for a possession, sale, trafficking or conspiracy in a controlled substance.
Contact an Orlando Prescription Drug Crime Lawyer Today
Don’t face prescription drug criminal charges alone. Contact the Orlando prescription drug charges attorneys at Moses and Rooth by calling our Orlando, Florida, law firm at 407-377-0150. You may also complete our online contact form to schedule a free initial consultation.
Prescription Drug Resources
Florida Statute 893.13 (6) – Unlawful Possession of Prescription statute
Florida Statute 893.03 – List of Controlled Substances
Florida Statute 322.055 – driver’s license suspension for drug conviction