Florida law enforcement is focusing increased attention on prescription drug abuse as part of a broader effort to combat the State’s growing opioid epidemic. The most important first step in defending against prescription drug charges is finding an attorney who will make every effort to obtain a positive resolution of your case. West Palm Beach prescription drug lawyers can help provide you with the most aggressive defense possible. Speak with a distinguished substance attorney to begin planning your defense.
Florida’s Prescription Drug Laws
Virtually every type of prescription drug is considered a controlled substance as defined under Florida Law. As with narcotics, the use, sale, possession, manufacture, and distribution of prescription drugs is regulated under the Drug Abuse Prevention and Control Act, which is found in Chapter 893 of the Florida Statutes.
Prescription drug offenses are defined under Section 893.13. The most commonly charged prescription drug offenses in Florida include, but are not limited to:
- Illegal possession of prescription drugs
- Possession with intent to sell or distribute prescription drugs
- Prescription drug trafficking
- Obtaining prescription drugs by fraud
- Doctor shipping
Classifying Prescription Offenses
The most common offenses seen by a West Palm Beach prescription drug lawyer are all prosecuted differently. Individuals should contact an attorney to discuss the penalties they face. Illegal possession of prescription drugs is a third-degree felony to be in actual or constructive possession of a controlled substance unless it was lawfully obtained from a medical provider or pursuant to a valid prescription or order of a medical provider while acting in the course of their professional practice.
Possession with intent to sell or distribute prescription drugs is unlawful for an individual to sell, manufacture, deliver, purchase, or possess with intent to sell, manufacture, deliver, or purchase prescription drugs. This offense can be classified anywhere between a first-degree misdemeanor to a first-degree felony depending on the schedule category of the prescription drug involved.
Prescription Drug Trafficking is illegal for any person to knowingly sell, purchase, possess, manufacture, deliver, or transport into the state certain threshold quantities of a controlled substance. The minimum amounts vary based on the type of prescription drug involved and a trafficking conviction will trigger mandatory minimum prison sentences. Obtaining prescription drugs by fraud is considered a third-degree felony to obtain a prescription drug by misrepresentation, fraud, forgery, or deception, regardless of whether it is for financial or recreational purposes.
What is Doctor Shopping?
There are two types of doctor shopping offenses in Florida. It is a third-degree felony to withhold information from a medical practitioner from whom the person seeks to obtain a prescription drug or a prescription for a controlled substance from another medical practitioner within the previous 30 days.
The second type of doctor shopping is a third-degree felony to obtain or attempt to obtain a prescription for or actual controlled substance that is not medically necessary or in an amount that is more than medically necessary from a practitioner by way of fraud, misrepresentation, forgery, deception, or concealment of material fact.
Contact a West Palm Beach Prescription Drug Attorney
If you are facing a prescription drug charge in West Palm Beach or its surrounding areas, the stakes are simply too high to be without experienced legal representation. Contact an attorney today to find out how a West Palm Beach prescription drug lawyer can put their knowledge and experience to work for you. Skilled attorneys can represent both patients and medical professionals with much success for both the medical field and the unfortunate users who get caught or are otherwise in trouble with the law.