Your doctor prescribed medication to help you feel better, but now you’re facing criminal charges for something you thought was completely legal. Many Floridians find themselves in this situation, shocked to discover that legally prescribed medications can become the basis for serious criminal prosecution when certain circumstances arise.
Drug crimes involving prescription medications have become increasingly common in Florida as law enforcement agencies crack down on prescription drug abuse. The Wiseman Law Firm has seen countless clients who never imagined their prescription medications could lead to arrest. With over 25 years of trial-tested experience and a background as a former prosecutor, Attorney Simon Wiseman knows how prosecutors build these cases and, more importantly, how to defend against them.
Common Ways Legal Prescriptions Turn Into Criminal Cases
Florida law draws strict boundaries around prescription medication use, and crossing these lines can result in felony charges even when you have a valid prescription. The State of Florida treats prescription drug offenses seriously, with penalties that can include prison time, substantial fines, and a permanent criminal record.
Sharing Medications With Others
Many people share their leftover pain medication with a friend suffering from an injury or give anxiety medication to a family member having a panic attack. What seems like helping someone in need constitutes illegal distribution under Florida Statute 893.13.
Sharing any controlled substance prescription medication, even with family members, is a third-degree felony punishable by up to five years in prison. This includes common medications like Xanax, Adderall, Percocet, and Ambien. Only the person named on the prescription label may legally possess and use that medication. The moment you hand a single pill to someone else, you’ve committed drug distribution.
Carrying Pills Outside Original Containers
You placed your daily medications in a pill organizer or small travel container for convenience. Under Florida Statute 893.13(6)(a), carrying prescription medications without proper labeling can lead to drug possession charges if you cannot immediately prove you have a valid prescription.
Police officers encountering unmarked pills during traffic stops or other encounters may arrest you on suspicion of illegal possession. Even if you later prove the prescription is valid, you’ll still face the stress, expense, and potential consequences of criminal charges. Many people carry their medications in purses, pockets, or daily pill containers without realizing they’re violating the law every time they leave home.
Doctor Shopping and Multiple Prescriptions
Florida Statute 893.13(7)(a)(8) makes it illegal to withhold information from a doctor about receiving the same or similar controlled substance from another practitioner within the previous 30 days. Seeking prescriptions from multiple doctors for the same condition, failing to disclose current medications, or visiting multiple pharmacies to fill similar prescriptions can result in prescription fraud charges. These third-degree felony charges carry penalties of up to five years in prison and $5,000 in fines. Law enforcement uses prescription monitoring databases to track patterns that suggest doctor shopping.
Keeping Unused Medications
That bottle of painkillers from your surgery two years ago sitting in your medicine cabinet could technically make you guilty of illegal possession once the prescription expires or the medical need ends. Florida courts have held that possessing controlled substances beyond their prescribed purpose or timeframe can support criminal charges, especially if the quantity suggests intent to distribute.
Defending Against Prescription Drug Charges
Several defense strategies may apply to prescription drug cases, depending on the specific circumstances of your arrest. An experienced criminal defense lawyer can evaluate whether law enforcement conducted an illegal search and seizure, whether you had valid authorization for the medications, or whether prosecutors can actually prove you knew the prescription had expired or that sharing medication was illegal.
Constitutional violations during the investigation often provide the strongest defense. If police searched your vehicle, home, or person without probable cause or a valid warrant, any evidence they discovered may be inadmissible in court. Questions about actual versus constructive possession also arise when multiple people have access to the location where medications were found. Prosecutors must prove you knowingly and intentionally possessed the drugs illegally, which becomes difficult when you reasonably believed your actions were lawful.
Contact The Wiseman Law Firm About Your Prescription Drug Case
Prescription drug charges can devastate your future, affecting employment opportunities, professional licenses, and your freedom. At The Wiseman Law Firm, Attorney Simon Wiseman brings unique insight from his years as a prosecutor to craft powerful defense strategies for clients throughout Central Florida. With an amazing winning record, including numerous not guilty verdicts on serious felonies and a 5-star Google rating, our firm has the experience and aggressive approach needed to protect your rights.
Don’t let a misunderstanding about prescription medications derail your life. Our team is available 24 hours a day to discuss your case and develop a defense strategy tailored to your specific situation. We’ve successfully defended clients facing drug trafficking, possession, and distribution charges by challenging evidence and exposing weaknesses in the State’s case. Contact us today to schedule your consultation and learn how we can help protect your future.