Illegal Sale of Prescription Drug Lawyers
Nearly everyone is aware that certain drugs are illegal to possess, sell, or purchase. Substances like cocaine, crystal meth, marijuana, and heroin are commonly known as illicit drugs. Public service announcements, educational programs, and state lawmakers loudly proclaim that the sale of these drugs is illegal. Perhaps less commonly understood are criminal charges related to the illegal sale of prescription drugs. Sometimes, people are confused by these charges since prescription drugs can be legally obtained from a pharmacy and used by a patient. Florida law dictates under what circumstances the sale of prescription drugs is actually illegal.
Like every drug charge, state law harshly treats the illegal sale of prescription drugs. Prescription drugs are defined as controlled substances, so only health care providers are legally allowed to sell them. Even if your doctor prescribed medications to you, it is still unlawful for you to sell or trade those pills to someone else. There are two main charges that relate to the illegal sale of prescriptions drugs: possession with intent and drug trafficking.
Florida Clamping Down on Prescription Drugs
Florida and other government entities are clamping down hard to stop the illegal sale of prescription drugs. If the police catch you illegally selling prescription drugs, you could face serious fines and incarceration. It is important to note that the government can bring the charge of possession with intent (to sell) or drug trafficking charges against you even without evidence of any actual sale of prescription drugs.
Possession With Intent
Possessing with intent means someone possessed drugs with the purpose and intent to sell. Possession with intent is a separate charge, more serious than simple possession, alleging that your purpose is to deliver and sell the prescription drug. The authorities establish these charges by observing a drug transaction or through circumstantial evidence that the intent was to sell/deliver the prescription drugs. Circumstantial evidence established by law enforcement may include:
- The packaging
- Weight/quantity of the drug
- The amount of cash you have on your person at the time
- Scales, baggies and other paraphernalia
Again, police do not have to catch you dealing in drugs to charge you with this offense. Law enforcement can charge based on circumstantial evidence. In other words, you may be charged if the circumstances point to a drug sale. This is a common charge brought against people who may possess a certain amount of any given illicit substance. Possession with intent is a felony charge that could lead to mandatory minimum prison sentences, high fines, and other penalties upon conviction.
Prescription Drug Trafficking
Like possession with intent, drug trafficking is also a felony charge under Florida law. While the term drug trafficking may sound like it only applies to large drug cartels, it is actually a fairly common charge for the illegal sale of prescriptions drugs. You may be charged with drug trafficking for selling even a relatively small amount.
The penalties you could face upon conviction vary depending on the type of drug and amount allegedly sold. For example, if convicted of selling between 14 and 28 grams of hydrocodone, you could face up to 3 years in prison and fines up to $50,000. However, selling between just 7 and 14 grams of oxycodone could result in the same severe penalty. Regardless of the type or amount of drug involved in your case, a conviction for the illegal sale of a prescription drug may lead to serious penalties that can have long lasting consequences.
When the amount of the prescription drug exceeds a certain weight, the state can bring the charge of trafficking. The weight of the drug required to rise to the level of a trafficking charge is remarkably low. Experienced criminal representation is required to fight these charges. If the police catch you illegally selling prescription drugs, you could face serious fines and incarceration.
Former Florida Prosecutors Defend Drug Charges
Are you facing charges for the illegal sale of prescription drugs? If so, contact the experienced drug defense attorneys at Moses & Rooth today. As former prosecutors, our attorneys know the ins and outs of handling drug cases. We use that knowledge to prepare a unique defense tailored for your case. Our lawyers understand what is at stake in your case, and we will work hard to ensure your best possible results in court.
- Charges: We recommend contacting us soon after your arrest.
- Plea bargaining: When appropriate, we work with you and the prosecutor’s office in negotiating a favorable resolution.
- Trial strategies: When cases go to trial, we have the experience from both sides of the criminal justice process to know how to win.
- Sentencing: We know the minimum and maximum penalties that judges will sentence those who are convicted of illegal sale of prescription drugs.
Contact Moses and Rooth Attorneys at Law. Our Orlando prescription drug sale attorneys are former prosecutors, and we have focused exclusively on criminal justice matters throughout our careers. We will help you minimize the damage that illegal sale of prescription drug charges can have on your life and future.