Unlawful Prescription Drug Possession In Florida

In the 2000s, Florida was notorious for its “pill mills,” which were unethical medical clinics that essentially prescribed opioids for non-existent conditions, either to feed addictions or for later sale. While most were legislated out of existence in the early 2010s, their legacy remains in Florida’s law, as those who possess controlled substances without a prescription are subject to serious penalties.

Must Have Proof Of Prescription

Florida’s legislature takes a very hard line against illegal drug use, possession, sale, and trafficking, seeing it as a crime against society. Controlled substances are grouped in Florida the same way they are by federal authorities – in schedules, with Schedule I having the highest potential for abuse and Schedule V the lowest. This is true regardless of whether a drug is obtainable from a medical professional or not – but crimes involving prescription drugs are approached slightly differently.

The reason that crimes involving prescription drugs are approached differently is that there are far more plausible scenarios in which someone may have permission to possess those drugs, but lack proof in the moment. For example, Adderall is a prescription most often prescribed to those with Attention Deficit Hyperactivity Disorder (ADHD), but it is also abused by some. If a person is stopped and found to possess Adderall with no proof of prescription, they may simply have ADHD and left their pill bottle at home.

Have The Right Help On Your Side

If you are charged with possessing a controlled substance without a prescription, be advised that Florida does recognize what is referred to as the prescription defense – in other words, simply presenting proof of your right to have the substance will often make the state’s attorney drop the charges against you – though not always. You may be suspected of doctor-shopping (visiting multiple doctors to obtain fraudulent prescriptions) or simply of forging the prescription.

If you are facing charges of this nature, it is of the utmost importance that you have the right legal help on your side, as drug possession is usually charged as a felony, which means at least 3 years in prison if convicted. Florida state’s attorneys prosecute these charges aggressively, and if your rights are not properly protected, you may wind up spending considerable time and trouble when you have done nothing wrong.

Contact A West Palm Beach Drug Offenses Attorney

Drugs are seen as such a systemic issue in Florida that possession is treated more harshly than it is in other states. If you find yourself charged with possessing a drug without a prescription, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. will ensure that you get your day in court. Call our office today to speak to an attorney.

Source:

flsenate.gov/laws/statutes/2011/893.03