Prescription Drug Offenses in Miami, Florida

As a Miami criminal defense law firm, we understand the severity of prescription drug offenses and the impact they can have on your life. This post will discuss the various aspects of prescription drug crimes in Florida, the potential consequences, and how our experienced attorneys can help you navigate the legal system.

Understanding Prescription Drug Offenses

Prescription drug offenses involve the illegal possession, distribution, or trafficking of controlled substances that healthcare professionals legally prescribe. A valid prescription may authorize possession of the medication prescribed to you, but it does not authorize selling or unlawfully delivering it to someone else. Florida classifies controlled substances into five schedules based on factors such as abuse potential and accepted medical use. Many prescription medications are controlled substances, but prescription status alone does not make a drug a controlled substance.

Some common examples of prescription drugs that are frequently involved in criminal offenses include:

  • Opioids (e.g., OxyContin, Vicodin)
  • Benzodiazepines (e.g., Xanax, Valium)
  • Stimulants (e.g., Adderall, Ritalin)

A valid prescription may authorize possession of the medication prescribed to you, but it does not authorize selling or unlawfully distributing it to someone else. Prescription-related charges may arise when a person:

  • Possesses a controlled medication without a valid prescription or other lawful authority
  • Sells or unlawfully distributes a controlled medication to others
  • Uses a forged or altered prescription to obtain a controlled substance
  • Withholds from a prescriber that, within the previous 30 days, the person received a controlled substance or prescription for a controlled substance with a similar therapeutic use from another practitioner

Seeing more than one doctor is not, by itself, a crime. The disclosure requirement commonly associated with “doctor shopping” appears in section 893.13(7)(a)8., Florida Statutes. Other provisions address obtaining controlled substances through fraud or deception.

Penalties for Prescription Drug Crimes in Florida

The consequences of a prescription drug offense conviction can be severe, depending on the specific circumstances of your case. Factors that can influence the penalties include the type and quantity of the drug involved, your criminal history, and whether you intended to sell or distribute the substance.

Unlawful simple possession of many controlled prescription medications is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The precise charge depends on the substance and the facts. Trafficking charges can apply when the weight reaches the threshold for that drug, even without proof of an intent to sell. For oxycodone, the statute counts the weight of the substance or mixture containing it, which can include the full weight of the pills.

Under section 893.135(1)(c)3., Florida Statutes, oxycodone trafficking begins at 7 grams. The tier for 7 grams to less than 14 grams carries a 3-year mandatory minimum prison term and a $50,000 fine. The tier for 25 grams to less than 100 grams, which includes 28 grams, carries a 15-year mandatory minimum and a $500,000 fine. These are mandatory minimum terms, not maximum sentences; applicable statutory relief must be assessed in each case.

Defenses Against Prescription Drug Charges

If you are facing prescription drug charges, having an experienced criminal defense attorney on your side is invaluable. At our Miami law firm, we have intimate knowledge of Florida’s drug laws and can build a strong defense strategy tailored to your unique situation.

Some possible defenses against prescription drug charges include:

  • Challenging the legality of the search and seizure that led to your arrest
  • Establishing that a valid prescription or other lawful authority authorized your possession of the medication
  • Showing that you did not know the controlled substance was present
  • Challenging the evidence that you actually or constructively possessed the drug, including whether you knew it was present and had control over it

Our skilled attorneys will thoroughly investigate your case, analyze the evidence against you, and work tirelessly to protect your rights and achieve the best possible outcome.

The Importance of Seeking Legal Counsel

Facing prescription drug charges can be an overwhelming and stressful experience, but you don’t have to go through it alone. By seeking advice from a knowledgeable criminal defense lawyer, you can better understand your legal options and make informed decisions about your case.

At our Miami law firm, we are committed to providing compassionate, client-focused representation. We understand that every case is unique, and we take the time to listen to your story and develop a personalized strategy that addresses your specific needs and goals.

Don’t let a prescription drug offense derail your life. Contact our office today to schedule a confidential consultation with one of our experienced criminal defense attorneys. Together, we can work towards protecting your freedom, your reputation, and your future.

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