Florida is trying to control prescription drug abuse in the state. To that end, the state has created some of the country's strictest prescription medication possession laws. In Florida, the possession of any amount of a prescription drug is illegal without a valid prescription. Fla. Stat. § 893.13(6)(a) means that you cannot have prescription medication that belongs to someone else, nor may you have a prescription for restricted medications written by an unauthorized individual. Fla. Stat. § 893.13(9)(c) outlines some exceptions to this law for medical professionals and pharmaceutical representatives who need to transport controlled medications for work purposes. Show
Penalties for Prescription Drugs in FloridaFlorida’s drug restrictions follow the Federal Controlled Substance Act, which breaks drugs into five Schedules. Drugs with a Schedule I designator have the least medicinal value and the highest likelihood for abuse. Many of the most common prescription drugs have a Schedule II designator. Common prescriptions like hydrocodone and codeine are examples of legally prescribed medicines that are highly restricted. Unlawful possession of any controlled medication, even some of the most common prescriptions, without the required documentation could result in a third-degree felony charge. A conviction could result in up to five years in prison and a fine of as much as $5,000. Suppose you have an amount of controlled medication predetermined by the state to exceed the amount needed for medicinal use. In that case, you may be charged with unlawful possession with intent to sell. Being charged with unlawful possession of a restricted substance in quantities large enough to qualify as intent to sell can lead to second-degree or third-degree felony charges. A second-degree felony carries penalties and fines of no more than 15 years in prison and a fine of $10,000 or less. Larger amounts of controlled drugs move from intent to sell to trafficking charges, which at the Schedule II level carry a first-degree felony charge. A conviction of this level would result in 30 years or less in prison and a fine of $50,000 or less. Prescription Drug State OversightTo help further regulate and track controlled restricted medications and controlled substances, the state of Florida has a monitoring program known as the Electronic Florida Online Reporting of Controlled Substance Evaluation Program (E-FORCSE.) Law enforcement can track medications back to the doctors who prescribed them. Florida laws are very clear about how prescription drugs found in possession of those without valid prescriptions will be treated. So, if you have been charged with unlawful possession of a controlled substance in Florida, our team can help develop your legal strategy. Call the legal team from Mitchell & West LLC today at (305) 783-3301 to schedule a consultation. Possession of a Prescriptions Drug without a Lawful Prescription in FloridaLet Our Seminole County Criminal Defense Attorneys Protect Your Rights & FutureThe abuse of prescription medication has become an epidemic in the United States, which is why Florida aims to crack down anything associated with these controlled substances. Possession of a controlled substance without a lawful prescription is a serious offense with severe consequences, including prison time. If you have been charged with this drug crime, you need to hire an experienced drug crimes lawyer. With more than 30 years of collective experience, The Law Office of David A. Webster, P.A. knows the tactics and has the skill required to either get your entire case dismissed or your charges reduced significantly. Our Seminole County criminal defense lawyers can investigate your case, examine all of the evidence, and build a solid defense strategy just for you. Call us today to start discussing your prescription drug case. Prescription Drug Laws in FloridaIn Florida, it is unlawful for anyone to possess a controlled substance unless it was lawfully obtained from a medical practitioner pursuant to a valid prescription or order of the medical practitioner in the course of their professional practice. What are the Penalties for Possession of Prescription Drugs in Florida?Possession of a controlled substance without a valid prescription is considered a third-degree felony, punishable by a maximum prison sentence of five years and fines of up to $5,000. Additionally, your driver’s license will be automatically suspended for one year upon conviction. Schedule a Free Consultation by Calling 407-862-9222 TodayA felony conviction on your record cannot be removed, so we can handle your case aggressively and compassionately with your future in mind. Our legal team has the knowledge and skills required to fight your arrest and get your life back on the right track. Do first time drug offenders go to jail in Florida?Even a first-time drug possession charge in Florida can have lifelong consequences. In fact, depending on the amount and type of drug you are accused of possessing, you could be charged with a first-degree felony, which is punishable by up to 30 years in prison.
What is considered a controlled substance in Florida?Schedule II drugs: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). Other Schedule II narcotics include morphine, opium, codeine, and hydrocodone.
What is considered a controlled substance?A drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.
What does it mean if it's not a controlled substance?Definition: Pharmaceutical preparations that can only be obtained through a practitioner's prescription dispensed by a pharmacist and are not considered controlled substances under the Controlled Substances Act.
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Possession of a controlled substance without a valid prescription
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