What Leads to a Prescription Drug Charge in Florida?

September 21, 2020

By Rudenberg and Glasser, P.A.

Given common prescription practices, it’s not unusual for someone to end up with a relatively large collection of opioids and other highly scheduled prescription drugs over the course of their lifetime. However, if someone gets caught either selling or trading their prescription drugs, they may be charged with committing drug crimes. Law enforcement agencies have devoted more and more of their resources to fighting “prescription drug crime,” both in Fort Lauderdale and nationwide.

Drugs for the following conditions tend to be charged the most often:

ADHD
Narcolepsy
Depression
Anxiety
Chronic pain

Some of the drugs that treat these conditions, such as amphetamines or opioids, are highly regulated and fall under Schedule I drugs. Getting charged with unlawful possession, distribution or sale of Schedule II drugs is at least a third-degree felony, depending on if it’s your first charge.

Possessing Prescription Drugs Without a Prescription

If you happen to have in your car or home prescription drugs belonging to another person, then you may be charged with possession with intent to sell. If you possess Schedule II drugs without a prescription, it doesn’t take much for prosecutors to build an “intent to distribute” case against you. Intent to distribute Schedule II drugs is a second-degree felony, which comes with up to 15 years of prison time.

Schedule II drugs include medications with limited medical use, like:

OxyContin
Vicodin
Demerol
Ritalin
Percocet
Hydrocodone

These drugs are prescribed in a large number of cases, even for something as routine as wisdom tooth removal. It’s not unheard of for someone to have these drugs in their possession by accident, either if a friend leaves it in their car or home, or if a family member leaves it behind after a visit.

If you’ve been wrongly charged with prescription drug crimes, speak with our Fort Lauderdale drug crime lawyers today.

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