Prescription Drug Crimes In Florida
Despite the evolution of drug laws since the 1990s, far too many people nowadays still operate under the misapprehension that a sentence for drug possession will be lighter if the substance involved is not a ‘street drug.’ In reality, in the legal system, it does not matter where the substance was obtained – it only matters whether a person is legally permitted to possess it. If you have obtained a prescription drug through less than legal means, you can and will be charged for having it in your possession.
No Prescription, No Possession
All controlled substances, under both U.S. and Florida jurisdiction, are divided into schedules, with Schedule I containing the most dangerous substances with the least possible (known) medical usage, and Schedule V the least dangerous. For example, ecstasy (MDMA) is a Schedule I drug, while Lyrica (pregabalin, a drug used to treat nerve pain) is in Schedule V. However, any scheduled substance will generally require a prescription to possess, even if its potential for abuse is low.
This aspect of the law is fairly unambiguous: if you do not have a prescription granting you license to possess a controlled substance, your possession of it is unlawful, and may result in jail time and other consequences for you. Florida law is particularly harsh – it establishes a ‘threshold amount’ for each drug; anyone found with more than the threshold amount may be charged with selling or trafficking in drugs simply because of the amount they have in their possession.
Multiple Ways To Commit These Crimes
In addition to simply possessing a controlled substance without a prescription, it is important to understand that in Florida, one can also be charged with a crime of this type if they attempt to fraudulently obtain a prescription. The two most common ways people attempt to do this are by forging prescriptions and engaging in what is called “doctor shopping,” both of which constitute a form of fraud as well as being drug-related offenses.
Forging prescriptions is fairly self-explanatory; usually a person will either get their hands on a medical professional’s prescription pad, or digitally alter prescriptions granted to them, in order to obtain substances fraudulently. Doctor shopping, by comparison, is when a person attempts to obtain lawful prescriptions from several different doctors who are unaware they are treating the same patient. Because a patient is willfully concealing information from the physician at this moment, it is a crime under Florida law, punishable as a felony.
Contact A West Palm Beach Drug Possession Attorney
It is common for potentially dangerous drugs to be prescribed to individuals who may need them – but without a prescription, a drug is just another tool for many, to buy, sell, or use. If you have been charged with a prescription drug-related offense, a West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help protect your rights as you navigate the legal process. Contact our office today at (561) 721-0552 to speak to an attorney.
Source:
dea.gov/drug-information/drug-scheduling
