Prescription drugs can be just as addicting as other drug substances and, if you are caught in possession of or selling them you may face serious consequences. More specifically, there can be severe penalties for the illegal sale of prescription drugs, even if you possessed the drugs legally in the first place. If you have been charged with the sale of illegal prescription drugs, Moses & Rooth can provide you with a defense crafted by our drug crime attorneys and their many years of experience.
The illegal sale of prescription drugs happens in many different ways. A person with a valid prescription may sell the medication to another person. Also, a licensed medical professional may provide a prescription to a person that does not need the medication.
Non-Health Care Providers
Florida Statute 893.13 makes it illegal to sell, manufacture, deliver, or possess with intent to sell a controlled substance. If you do not hold a medical license, the punishment for the illegal sale of a prescription drug varies. Under Florida Statute 893.03, drugs that have a medical purpose are separated into four categories determined by the potential of abuse for the substance. The potential for abuse of the prescription drug and the amount that a person is charged with selling will determine if the person is charged with a misdemeanor or a type of felony.
A person may be charged with anything from a first degree misdemeanor to a first degree felony depending on what kind of prescription drug is sold, how it was sold, or where the drug was sold. The severity of the punishment could range anywhere from less than a year to up to 30 years in prison.
Health Care Providers
Under Florida Statute 893.13, a health care professional cannot provide a patient with a prescription that the patient does not medically need or in an amount greater than necessary. Also, a health care professional cannot provide a prescription for the sole purpose of retaining a monetary value for the prescription. A medical professional who is convicted of selling prescription drugs may be found guilty of either a first-degree misdemeanor or a third degree felony, however, these are not the only repercussions a doctor or other health care provider may face. A licensed medical professional risks losing their license and future earning potential if found guilty.
Depending on the amount of prescription drugs a person has on them when caught selling, the person may face trafficking charges, regardless of whether or not the person is a medical professional. Trafficking charges hold much more severe consequences than just the sale of a prescription drug.
Fight the Charges with an Experienced Attorney
The use or sale of prescription drugs without a valid prescription can lead to serious legal trouble. If you have been charged with the illegal sale or trafficking of a prescription drug, contact Moses & Rooth. The experienced criminal defense attorneys at Moses & Rooth can explain the charges and provide options for your defense.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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