Can You Beat a Drug Possession Charge with Prescription Medication in Florida?
Drug possession charges in Florida can result in serious consequences, but if you’re facing charges for carrying a prescription medication, you may have a valid defense. If you are facing a possession charge for your prescription medication, work with an expert Tampa drug defense attorney with The Rickman Law Firm to fully understand the laws surrounding controlled substances and prescription medication.
Common Issues In Prescription Drug Cases
While building your case, your drug defense lawyer in Tampa with The Rickman Law Firm will ask you to confirm if your prescription is active and whether your medication remains in its original packaging; even with a valid prescription, some individuals may still face drug possession charges. If your prescription has expired, law enforcement may view it as illegal possession, even if you were initially prescribed the medication legally. Another issue is carrying a larger quantity of pills than what is prescribed and carrying loose or unmarked pills. Florida law requires that prescription medications be kept in their original container with the label clearly visible. If law enforcement finds either a surplus of pills or loose pills without the labeled bottle, they may not be able to verify the prescription immediately.
Florida's Drug Possession Laws
Florida categorizes drugs into five schedules based on their potential for abuse and accepted medical use. While this includes illegal substances like marijuana, cocaine, and methamphetamine, many prescription medications such as opioids like oxycodone and anxiety medications like Xanax also fall under these classifications.
If you’re caught with a controlled substance without a valid prescription, it can lead to potentially severe criminal charges. However, having a prescription for the medication can serve as a defense strategy your Tampa drug defense attorney with The Rickman Law Firm may employ if certain conditions are met.
Defending Drug Prescription Charges
If you are charged with drug possession for having prescription medication, there are several defenses that can be used. One of the simplest defenses is proving that you have a valid prescription. If your prescription was active when you were arrested, this can help demonstrate that your possession of the drug was legal.
Another possible defense is that you were unaware the medication was in your possession. Florida law requires that you know about the presence of the controlled substance for a possession charge. Or, if the police obtained the prescription medication through an illegal search or seizure, your attorney could argue that your constitutional rights were violated. If successful, this could potentially result in the evidence being dismissed and the case dropped.
Prescription Medication as a Defense
Possessing a controlled substance is illegal unless you obtain it legally through a prescription from a licensed healthcare provider. If you have a prescription for the medication, this may help in defending against the charge. However, a few important factors come into play.
First, the prescription must be written for you. Possessing someone else’s medication, even if it’s a family member’s, can still result in charges. Second, you must have proof of the prescription, usually by showing the prescription itself or the pill bottle with a label containing your information. Lastly, the medication should be in its original container. Carrying pills in an unmarked bag or container can lead to charges, even if the medication is legally prescribed.
Do Not Face a Possession Charge Without Experienced Representation
If you face drug possession charges involving prescription drugs in Florida, it’s important to work with an experienced defense attorney. At The Rickman Law Firm, we have decades of combined experience in successfully representing drug crime cases.
For a free case consultation with an expert drug defense lawyer in Tampa, contact our office at (813) 370-1185 or fill out the consultation form on our website – 24 hours a day, 7 days a week.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.