Definition of Possession of Oxycodone (Oxycontin)
The Definition of Possession of Oxycodone is according to Section 893.13(6)(a), Florida Statutes – the government must prove that the accused was in actual or constructive possession of oxycodone. Unlawful possession of Oxycodone is a third degree felony in Florida punishable by up to five years in prison, unless the accused has a valid prescription for the controlled substance. Florida Statute 893.03(2)(a)1 states that Oxycodone is a Schedule 2 controlled substance. Prosecutors need to prove that the accused possessed oxycodone and had actual or constructive knowledge of the presence of the oxycodone.
What is Oxycodone (Oxycontin)?
Oxycodone is a semi-synthetic opioid drug that is typically prescribed for severe pain after an injury or surgery. The common prescriptions for Oxycodone are Percodan®, Tylox® and OxyContin®. Oxycodone is usually taken in the pill form but can also be ingested by inhaling the vapors by heating the tablet, snorting the crushed pill, or injecting the substance after heating to liquid form.
The Penalties for Possession of Oxycodone in Florida
The penalties for Possession of Oxycodone in Florida depend on the amount of Oxycodone found in the possession of the accused. It is important for law enforcement officers to accurately measure the amount of Oxycodone (Oxycontin) in question. While the arresting officer will measure the weight at the scene, an official measurement from the Florida Department of Law Enforcement Forensic laboratory will also be completed for evidentiary purposes at a hearing or trial. Simple possession of Oxycodone is a third-degree felony punishable by up to 5 years in prison, 5 years probation and a $5,000 fine. If the accused is in possession of 7 grams or more of oxycodone, the criminal charges will be upgraded to Trafficking in Oxycodone. The minimum mandatory penalties for Trafficking in Oxycodone (Oxycontin) are as follows:
- Possession of 7 and 14 grams of Oxycodone, the accused can face between three and 30 years of jail time, a fine of up to $50,000, and a minimum prison sentence of three years.
- Possession of 14 to 25 grams of Oxycodone may face a jail term of seven to 30 years in prison with a potential fine of up to $100,000. The minimum prison sentence for this crime is seven years.
- Possession of 25 to 100 grams of Oxycodone are looking at a potential jail term of fifteen to thirty years in prison with a potential fine of up to $500,000. The minimum prison sentence for this crime is Fifteen years.
- When the accused possesses 100 grams to 30 Kilos of Oxycodone, the accused may face a prison sentence of up to 30 years, with a minimum mandatory prison sentence of 25 years and a fine of up to $750,000.
Drivers License Suspension and Professional License Suspension
A conviction to the criminal charge of Possession of Oxycodone will also result in some collateral consequences that need to be fully understood. In Florida, if you are convicted of a Possession of a controlled substance, you are subject to a revocation of your Drivers license for 6 months. (Florida Statute 322.055) Additionally, a conviction for the sale of, or trafficking in a controlled substance or for conspiracy to sell or traffic in a controlled substance is grounds for disciplinary action by the licensing state agency. A state agency shall initiate an immediate emergency suspension of an individual’s professional license upon conviction for these types of charges.
Defenses Against Possession of Oxycodone
The best defenses against Oxycodone trafficking charges depend on the facts of the individual case. Unfortunately, law enforcement officers can become over-ambitious and overstep their boundaries. Sometimes law enforcement officers conduct illegal searches and seizures. Experienced criminal defense lawyers know how to challenge the evidence of Oxycodone (Oxycontin) charges for the purpose of convincing the court to drop the charges.
Some of the potential defenses include:
- Mere proximity to the Oxycodone does not establish possession
- Temporary possession
- Knowledge is required. In actual possession, the knowledge is presumed, however in constructive cases the knowledge of the Oxycodone is not presumed.
- Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search of your vehicle or an unlawful search of your pockets.
- Having a legal Prescription for the drugs can be used as a Defense
Contact Our Experienced Possession of Oxycodone Defense Lawyers
While Oxycontin charges are clearly very serious, we understand that most people facing prescription drug charges have no ill intent. Many of our clients accused of Oxycontin possession and distribution charges became addicted to Oxycontin following fender benders and chronic pain. Later, addiction led to charges of Oxycontin theft, prescription forgery and other infractions.
If you need legal help following Oxycontin charges, contact our firm for aggressive and experienced legal help. Firm attorneys Andrew Moses and Jay R. Rooth are former prosecutors and have handled numerous drug crime cases both as criminal defense lawyers and as prosecutors. We can examine issues like probable cause, admissions, the explaining of rights, illegal detention, and search and seizure laws to build a strongest-possible case. For a no-charge initial consultation, contact our Orlando law office.
Trafficking in Oxycodone (Oxycontin) Resources:
Florida Statute 893.12(6)(a) – Possession of Controlled Substance Statute
Florida Statute 893.03(2)(a)(1) – Oxycodone listed as a Schedule II drug
Florida Statute 322.055 – Driver’s license suspension for drug conviction
Florida Statute 893.21 – Overdose possession
Florida Statute 777.201 – Entrapment Statute
Florida Statute 893.11 – Profession License Suspension Statute
Florida Statute 893.101 – State must prove the accused knew of the illicit nature of the controlled substance
Florida Statute 893.135(1)(c)(3) – Oxycodone Trafficking Statute
Oxycodone Street Terms:
OX, OC, Hillbilly Heroin, Roxy, perc, oxy, kicker, Blues