When we talk about Florida’s criminal prosecution of people who illegally possess drugs, we often think of the common street drugs, like heroin or cocaine. But prescription drugs are very often the subject of drug-related crimes and a conviction for illegal prescription drug possession or distribution can lead to a significant prison sentence and expensive fines.
The past decade has seen a tidal wave of people from all walks of life becoming addicted to opioids and other prescription drugs, triggered by the unethical marketing of Oxycontin. While most people who developed an Oxycontin dependence were initially prescribed the drug by a licensed physician, their increased need for higher quantities of the drug drove them to seek it from other, illegal sources.
Other well-known addictive prescription drugs were also prescribed legally to address patients’ genuine symptoms. But the neurochemical effect of these compounds on some patients created an insatiable appetite for more of the drug more often. Since responsible healthcare providers would not continue to supply prescriptions to drug-addicted patients, they turned to other, often illegal means to get the drug.
Most Common Prescription Drugs in Criminal Cases
Throughout Florida, the drugs most often seized in criminal prosecutions involving prescription drugs include these:
- OxyContin (time-released Oxycodone)
- Oxycodone
- Fentanyl
- Hydrocodone (Vicodin)
- Xanax
- Codeine
- Methadone
- Morphine
- Adderall
- Valium
Florida Prescription Drug Crimes
Illegal Possession of Prescription Drugs in Florida
Florida law provides that any person knowingly in possession of prescription drugs without a prescription from a duly authorized person is criminally liable for illegal possession of a controlled substance. The law also prohibits the possession of drugs that were legally prescribed to someone else. The fact that they were legally obtained by another person, even a member of your family, is not a defense.
Physical Possession v. Constructive Possession
The criminal law prohibits both “physical possession” and “constructive possession” of prescription drugs unless lawfully prescribed to the person in possession.
Physical possession means simply that the item in question is either on your person, in your pocket, or in a container you are holding. It is in your immediate physical control.
Constructive possession refers to the legal concept that an object is in your legal possession if it is knowingly “within your dominion and control.” For example, a locked car parked in the driveway of the owner, who has the only key, is legally in the owner’s possession because they have exclusive dominion and control of it, even though it may be in a different location than the owner. If illegal drugs are found by police in the car during a lawful search, then the owner can be criminally charged with illegally possessing those drugs.
Illegal Possession of Prescription Drugs Not In Their Prescription Container
Possessing prescription drugs outside of their prescribed container is also illegal in Florida. For example, if you have a legal prescription for Xanax or Vicodin and you carry a few in your pocket but leave the container with your marked prescription at home, you can be prosecuted on a 2nd-degree misdemeanor and jailed for up to 60 days and fined up to $500.
F.S. § 499.03 is the Florida law that provides that, if there is evidence that someone in possession of loose prescription drugs had intent to sell or distribute the drugs, then they face a 3rd-degree felony and 5 years in prison with a $5,000 fine.
Florida Penalties for Illegal Possession of Prescription Drugs
Under § 893.13(6)(a) of Florida’s Drug Abuse Prevention and Control statute, a person in actual or constructive possession of a controlled substance without a lawful prescription is guilty of a 3rd-degree felony punishable by up to 5 years in state prison and up to $5,000 in fines, plus additional fees and costs associated with possible counseling, treatment, and probation.
Illegal Distribution or Sale of Prescription Drugs or Possession with Intent to Do So in Florida
As in every state in the country, it is illegal for any person to sell, manufacture, or deliver controlled substances in the state of Florida without a license to do so. Likewise, it is a major felony for any person to possess a scheduled controlled substance with intent to sell, manufacture, or deliver that substance unless licensed to do so.
When we refer to license or official authorization to conduct these activities, the law specifically exempts from criminal prosecution licensed physicians, drug company sales representatives, police, and those involved with the normal, lawful transportation of these materials.
Evidence of Intent to Illegally Sell, Manufacture, or Deliver Drugs in Florida
If you have read any of our other blog posts, you know that experienced drug crime defense lawyers insist that no conviction of a defendant will be possible unless the prosecution can prove beyond a reasonable doubt that they “knowingly and intentionally” possessed the drugs and had the specific intent to sell or distribute them.
How can the state prove your intent?
In some cases, defendants make incriminating statements to police during prearrest conversations or police interrogations after they are in custody. They admit their intent to sell the drugs. But in other cases, when the person arrested makes no statements admitting the crime, the state must use circumstantial evidence to prove the defendant guilty.
Circumstantial evidence of intent to sell or distribute can consist of things like ledgers recording purchases and sales of drugs, and large quantities of drugs along with weighing and packaging materials, large amounts of cash found in the defendant’s possession. Typically, more than one of these or similar circumstances is required to prove intent.
Florida Penalty Distribution or Sales of Prescription Drugs, or Possession with Intent to Do So
The maximum penalty someone can face in Florida on a charge of selling, distributing, or possessing with intent to sell or distribute illegal drugs depends on which drugs and how many drugs are involved in the case.
The state and federal government separate drugs into four schedules, each one rated according to the designated degree of addictiveness combined with their potential medicinal use. Schedule I includes the most addictive and least useful drugs, and Schedules II, III, and IV list those deemed progressively less addictive and/or of more therapeutic value.
- A conviction for the sale or delivery or possession with intent to deliver more than 10 grams of a Schedule I drug is a 1st-degree felony carrying up to 30 years in prison and a $10,000 fine.
- For the same conduct involving a lesser amount of some Schedule I drugs or most Schedule II drugs, a conviction is a 2nd -degree felony punishable by up to 15 years in prison and a $10,000 fine.
- And selling or distributing or possessing with intent to do so with Schedule I hallucinogenic drugs or other Schedule II or III or IV drugs is a 3rd-degree felony with a penalty of up to 5 years in state prison and a $5,000 fine.
Learn More > How Prescription Drugs Can Impact Your Driving
Florida Drug Crime Defense
Our attorneys at Stechschulte Nell will fight to mitigate the charges that you face for an illegal prescription drug charge in Tampa Bay and beyond.
We are on your side. Call us for a case review today at 813-280-1244.
