Prescription Drug Charges defense in Florida.

Can you be arrested for prescription pills in Florida?

Yes. Prescription medication possessed without a valid prescription can be charged as possession of a controlled substance under Chapter 893. Florida treats possession of most controlled substances without a valid prescription as a third degree felony, which carries up to 5 years in prison and a $5,000 fine.

These cases often start with pills found during a traffic stop, loose tablets in a pocket or a car, or medication in a bottle with someone else's name on it. Others grow out of investigations into how a prescription was obtained.

When a valid prescription is part of the defense

Because the offense is possession without a valid prescription, proof of a real prescription can be central. Pharmacy records, the prescribing doctor's records and the original bottle can all be relevant. Complications arise when pills were moved into a pill organizer or an unmarked container, or when the prescription belonged to a spouse or a parent.

The details matter. Whether the prescription was current, whether the quantity matches what was dispensed, and whether the person charged was the patient named on it are the kinds of questions that come up. The answers usually depend on records that can be gathered and reviewed.

Identifying the pills and reviewing the evidence

Officers sometimes identify pills by their markings rather than by chemical testing at the scene. The state still has to prove what the substance was, and the lab analysis, the chain of custody and the pill count all come to the defense through discovery. Witnesses who handled the evidence can be deposed.

How the pills were found is reviewed as well. A motion to suppress asks the court to exclude evidence obtained unlawfully, and the facts of the stop or search determine whether that request has a basis.

Prescription drugs, driving and DUI

When medication comes up during a traffic stop, a DUI charge may be filed alongside a possession charge or on its own. In Florida, a valid prescription is not a defense to DUI if the driver's normal faculties were impaired. That is a different question from possession, and the two charges are defended in different ways.

Pretrial diversion or drug court may be available for some eligible first time offenders, depending on the county and the prosecutor's office. DUI Lawyers Shield Firm offers a free case review to look at the prescription records and the arrest report together.

Other drug offense defense pages

• Marijuana Possession
• Cocaine Possession
• Methamphetamine Possession
• Heroin Possession
• Drug Trafficking
• Drug Distribution
• Drug Manufacturing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.