If you have been charged with Illegal Possession of Prescription Drugs in Florida, you can face very harsh penalties. This offense can lead to prison time and/or fines, and can be charged as a Florida state offense or a federal offense.
Frequently, people charged with Illegally Possession a Prescription Drug have been accused of “doctor shopping,” or have been involved with “pill mill” pain clinics. Sometimes these people may have been getting a prescription for a family member, or were prescribed a medication from a illegitimate doctor.
Tallahassee Prescription Drug Possession Defense Lawyer
If you have been charged with Illegal Possession of Prescription drugs in Leon County, it is important to hire an experienced attorney who will find the best possible outcome for your situation. Don Pumphrey, Jr. is experienced in fighting drug possession charges, and is knowledgeable about Florida’s drug laws. If you have been charged in Florida with Illegal Possession of Prescription Drugs, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
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Possession Defined in Florida
Florida defines possession as either actual or constructive possession. Possession can be used as a way to reduce your charges or have them dropped altogether if the state prosecutor is unable to establish you had either actual or constructive possession.
Actual possession is having direct control over the illegal prescription drugs, or actually having them on your body.
Constructive possession is harder to define. The elements to constructive possession are:
- an alleged offender has to be aware the prescription drugs were in their presence;
- the alleged offender is required to know the prescription drugs were illegal, or they did not have a prescription for the drugs; and
- the prescription drugs were close enough for the alleged offender to have actual possession of the drugs.
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Florida Drug Schedules for Possession of Prescription Drugs
Illegal Possession of Prescription Drugs in Florida are categorized according to Florida Statutes § 893.03. This statute classifies prescription pills into different schedules, from Schedule I to Schedule V. Schedule I drugs usually have the most serious penalties, and Schedule V drugs have minimal punishment.
- Schedule I drugs have a high potential for abuse and/or no acknowledged medical use in the United States. A prescription drug example in this category is morphine.
- Schedule II drugs have a high potential for abuse and a very limited accepted medical use in the United States. Prescription drugs falling into this category are OxyContin, Vicodin, Propoxyphene, Dexedrine, Demerol, Ritalin, Percocet and Hydrocodone.
- Schedule III drugs have a potential for abuse, but lower than Schedule I or II drugs and an accepted medical use in the United States. Examples of prescription drugs in this category are anabolic steroids, codeine combination prescription pills or Hydrocodone combination prescription pills
- Schedule IV drugs have a lower potential for abuse than Schedule III drugs and accepted medical uses in the United States. Some examples of prescription pills in this category are Xanax, Ambien, Valium, Darvocet and Klonopin.
- Schedule V drugs have the lowest potential for abuse and accepted medical uses in the United States. Some prescription medications falling into this category are Robitussin A-C or Kapectolin PG.
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Penalties for Illegal Possession of Prescription Drugs in Florida
Florida Statutes § 893.13 defines the penalties for Illegal Possession of Prescription Drugs in Florida.
Illegally Possessing Prescription Drugs listed in Schedule V is a misdemeanor of the first degree. This conviction is punishable by up to one year in jail and/or fines up to $1,000.
A conviction for Illegally Possessing Prescription Drugs defined in Schedule I, II, III or IV is a felony of the third degree. This felony can lead to Florida prison time of five years or less and/or fines up to $5,000.
A conviction for Illegal Possession of Prescription Drugs can be much more severe, and lead to imprisonment in federal prison.
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Law Offices of Don Pumphrey, Jr. | Tallahassee Illegal Prescription Drug Defense Attorney
If you have been charged with Illegal Possession of Prescription Drugs in Leon County, Tallahassee, contact Don Pumphrey, Jr. to discuss the specific facts of your case. An experienced drug defense attorney in Tallahassee can find applicable defenses to your charge, or any other mitigating circumstances. Lawyer Don Pumphrey, Jr. has represented those accused of illegal Possession of Prescription Drugs in Florida, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged prescription drug possession offense.