Prescription Drug Fraud In Florida
It is not uncommon for a person to be granted a prescription for a drug that would otherwise be illegal to possess or use – for example, Adderall for Attention Deficit Hyperactivity Disorder (ADHD) or Vicodin for chronic pain. However, there is always a risk of addiction with drugs that are considered controlled substances, and if someone is addicted, they may unfortunately resort to unlawful means to obtain more drugs. This is called prescription drug fraud and its consequences in Florida are very serious.
Reasons & Methods
Florida has an unfortunate history in terms of drug addiction and distribution, from the “Cocaine Cowboys” of the 1970s-80s to the “pill mills” of the 2000s. As a result, its drug laws are among the harshest in the United States, intended to curb the high use rates that have persisted since those days. As one might imagine, state law explicitly criminalizes obtaining a prescription (or a controlled substance) by “misrepresentation, fraud, forgery, deception, or subterfuge.”
There are several common ways that a person might attempt to obtain a prescription by fraud. Some of the most often seen include calling in false prescriptions to pharmacies, stealing prescription pads, and so-called “doctor shopping,” or seeing multiple medical professionals to obtain multiple doses of the same prescription. Any of these behaviors will result in drug charges in Palm Beach County.
The Law Is Harsh
In most situations, obtaining a controlled substance by fraud will be tried as a third-degree felony, which carries up to 5 years in prison. Something to be aware of is that under Florida law, a person does not have to be successful in obtaining the controlled substance to still potentially face criminal liability. The intentional fraud is the conduct that matters to law enforcement.
In addition to the lack of required intent, it is crucial to understand that in Florida, addiction is not considered a mitigating factor – indeed, it “does not, under any circumstances,” justify a lesser sentence. While obviously, addiction does not mean a person should not be held accountable for their actions, it is important for defendants to understand this feature of Florida law simply so they and their attorney can plan appropriately.
Contact A West Palm Beach Prescription Drug Fraud Attorney
Prescription drug fraud is a serious crime, and will be treated seriously by Florida law enforcement. If you are facing these charges, you need an attorney who has handled these types of cases before. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. is ready and willing to try and assist you. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html
