Saint Lucie Prescription Drug Lawyer

Experienced and Respected Criminal Defense

Help from a Saint Lucie Prescription Drug Lawyer

The potential penalties for possessing or trafficking prescription drugs without a valid prescription are just as severe as they are for other types of illegal drugs. Because of the potential penalties and the impact this type of charge could have on your life, you should talk to experienced Saint Lucie criminal lawyer Jeffrey H. Garland, Esq. Attorney Garland can review what happened and analyze the evidence to identify the defense strategy that might work best under the circumstances.

Prescription Drug Possession and Trafficking

During the mid-2000s, Florida was widely known as a state that provided nearly unfettered access to prescription painkillers, including opioids. As awareness of the opioid epidemic spread, the state passed a few laws between 2009 and 2011 designed to clamp down on the over-prescribing of opioid drugs and prescription drug abuse. The state legislature created the prescription drug monitoring program (PDMP) in 2009 to track and monitor prescription drugs and how pain management clinics can operate. Under the laws, pharmacies could no longer be onsite at the same place where doctors prescribed pain medications, and pharmacies were also restricted to dispensing no more than three days of pain medications at a time.

The Prescription Drug Monitoring Program is codified at § 893.055, Fla. Stat. (2022). This law includes definitions of prescription drug abuse and defines several offenses involving prescription drugs. If you are facing charges of possessing a controlled drug without a valid prescription, it’s important to talk to Saint Lucie criminal lawyer Jeffrey H. Garland, Esq. as soon as possible.

Florida’s Prescription Drug Monitoring Program

Florida’s prescription drug monitoring program is named the Electronic Florida Online Reporting of Controlled Substance Evaluation Program (E-FORCSE). It is an electronic database used by healthcare practitioners throughout the state that collects and tracks information about prescription drugs that are dispensed and prescribed in Florida. The system identifies individuals who obtain controlled substances from multiple providers, calculates the dosage they might be using each day, and tracks whether they have obtained prescriptions for other drugs that could have dangerous interactions with their medications. Law enforcement can use data from the system to track prescription drugs back to the prescribing doctors.

Possession of Controlled Drugs Without a Prescription

Under § 893.13(6), Fla. Stat. (2022), it is illegal for someone to possess a controlled drug in Florida without having a valid prescription from a licensed physician. If you are found to have a controlled medication without a valid prescription on your person or within your vicinity, you could be charged with a possession offense. This offense is a third-degree felony that carries a maximum of five years in prison and/or a $5,000 fine.

Trafficking in Prescription Drugs

If you are caught with 10 grams or more of a Schedule I, II, or III controlled drug without a valid prescription as listed in § 893.03, Fla. Stat. (2022), you can be charged with a first-degree felony and face up to 30 years in prison and a fine of $10,000. Florida deems possession of over a threshold amount of prescription drugs possession with the intent to distribute. One issue with this is that when prescription drugs are weighed, law enforcement doesn’t account for the weight of inert substances that might be included in the pills.

If you are caught with prescription drugs without a valid prescription that you have brought into Florida across state lines, you can be charged with a second or third-degree felony based on the drug’s schedule. A second-degree felony carries the potential for 10 years in prison and a $10,000 fine.

Get Help From a Saint Lucie Prescription Drug Lawyer

The following are examples of defenses that might be available to a charge of possessing or trafficking in prescription drugs without a valid prescription:

No reasonable suspicion for your stop
Lack of probable cause to search
You had a valid prescription
You had loose pills but had a valid prescription for them
The alleged controlled drugs were something other than what the police believed
The weight alleged by the police and prosecutor was wrong

Attorney Jeffrey H. Garland, Esq. has more than four decades of experience and has helped many clients to secure favorable plea agreements, outright dismissals of the charges against them, and acquittals. Contact us today to schedule a consultation by calling us at (772) 489-2200.

Contact a Prescription Drug Lawyer

Fill out this form to have your case reviewed by one of our attorneys.

Client Testimonials

“
Mr. Jeffery Garland has once again came through for me. With in a very short time, after hiring him, all my charges were dropped, one was a felony. Over the years Jeffery has handled a variety of cases for me and I have always had a positive out come. He works hard and knows the law. Jeffery is th best and his price is very reasonable. People I have recommended him to were very pleased with his work I highly recommend him.

Steven
Avvo Review
“
“As long as this man knows you are trying to do the right thing from now on he is one of the best always willing to talk he was even able to get 2 different emotions granted for Me the end result was almost exactly what I asked him for the state wanted to give me 6 months 1 year inpatient and 2 years probation I got 2 years probation.”

James F.
“
Hired an incompetent attorney before finding Mr. Garland. I knew when I first spoke to Mr. Garland that I had made the right decision. He gave me the BEST of his time, service, energy and effort and got me the results that I needed. His work was very detail-oriented and well-written. In the courtroom he is self-confident, respected and assertive when it counts. All charges dropped by prosecutor !! Mr. Garland was also very willing to go to trial for me without hesitation and thankfully it never came to that. Much appreciated. THANK YOU !

A Satisfied Client