Possessing Controlled Substances Without A Prescription Is A Crime

Several different controlled substances have legitimate medical uses, such as treating chronic pain, some types of post-traumatic stress disorder (PTSD), and conditions like Attention Deficit Hyperactivity Disorder (ADHD). However, a person must have a lawful prescription in order to use this kind of substance, even if an official diagnosis is on their medical records. If you are stopped with a controlled substance and cannot prove you possess it lawfully, you may face drug charges in Florida.

Serious Potential Consequences

One thing that all drug defendants should keep in mind is that Florida prosecutes drug crimes very aggressively. Because of the state’s past history with street drugs and then the so-called “pill mills” of the 1990s and 2000s, Florida law enforcement see drug use as more than a victimless crime. As a result, you may face jail time even for offenses like first-degree misdemeanors.

Florida’s law is clear, both on the definition of a controlled substance, and in the potential consequences for unlawful possession – in most cases, unlawful drug possession is charged as a third-degree felony, though situational factors might raise or lower the charge accordingly. The two main considerations for a state’s attorney are the type of drug involved, and the amount of the drug (or mixture containing the drug) involved in the case.

A Lawful Prescription Is A Defense

If you have been charged with a prescription drug-related offense, it can be very intimidating, leading many defendants to simply plead guilty and accept any consequences. This does not need to be how your case ends – you have the right to a defense, and you may be able to show that you are merely a victim of circumstance; for example, if you are stopped with your prescription, but you do not have the bottle.

In the majority of cases, however, you may simply be able to assert the ‘lawful prescription’ defense. Florida law holds explicitly that if a person can produce a valid prescription for a controlled substance, their possession is legal. There does not need to be any further discussion; the prescription, if genuine, immediately removes any impetus for the state to proceed with charges against you.

Call A West Palm Beach Prescription Drug Possession Attorney

Florida’s legal system goes after drug users aggressively, so as to ensure that they cannot harm other people by exposing them to these substances – but sometimes, these substances are legal for specific individuals to possess. If you have been charged with a drug offense erroneously, a West Palm Beach prescription drug possession attorney from the Rinaldo Law Group may be able to assist you. Contact our office today to schedule a consultation.