For several years, Florida has been a hotbed in the United States for prescription drug abuse. Specifically, various communities throughout Florida have been facing battles pertaining to the rise in prescription drug misuse in homes and on the streets. Without a doubt, such misuse can quickly turn into drug possession charges and even prescription drug trafficking charges, resulting in such consequences as prison time, monetary fines, a permanent criminal record, and more.
In the state of Florida, it is illegal to have prescription medication in one’s possession without a valid prescription. What this means is that even if a family member shares with you a pill meant for treating a headache, this is illegal under Florida law. Also, if a person has a large quantity of prescription drugs without a valid prescription, he or she could be charged with drug trafficking.
What is Prescription Drug Trafficking?
Trafficking of prescription drugs involves the illegal purchase, sale, delivery, manufacture, or knowing possession at or above a certain amount of prescription drugs. This is also known as “pill trafficking” or prescription drug dealing.
Prescription drugs in the United States are subject to regulation by the Food and Drug Administration, also known as the FDA. As such, a person cannot legally obtain a prescription drug without a script from a licensed medical doctor. Examples of prescription drugs that are often trafficked in Florida include, without limitation, the following:
- OxyContin
- Hydrocodone
- Morphine
- Valium
- Ativan
- Xanax
- Codeine
- Adderall
- Ritalin
- Percocet
- Steroids
- Vicodin
Oftentimes, drug trafficking in Florida is associated with drug dealing. However, it is important to keep in mind that drug trafficking is defined by the quantity of the prescription drug involved in the crime, rather than the act. While many people think that drug trafficking involves a large amount of drugs, this is not always the case, as a person can be charged with this crime even if they only have a small quantity in their possession.
Penalties for Prescription Drug Trafficking in Florida
Florida Statutes Section 893.135 deals with drug trafficking in Florida, in addition to the suspension or reduction of sentencing, mandatory sentencing, and conspiracy to engage in drug trafficking. There are a variety of different factors at play with regard to drug trafficking and penalties, including the type and amount of prescription drug involved in the underlying crime. For example, some of the potential penalties include, without limitation, the following:
Hydrocodone – Felony in the First Degree
Hydrocodone is a drug found in Hydrococet, Lortab, Vicodin, and several other prescription drugs.
- Trafficking 14 grams or greater, but less than 28 grams – three years in jail and a monetary fine of $50,000
- Trafficking 28 grams or greater, but less than 50 grams – seven years in jail and a monetary fine of $100,000
- Trafficking 50 grams or greater, but less than 200 grams – fifteen years in jail and a monetary fine of $500,000
- Trafficking 200 grams or greater, but less than 30 kilograms – twenty-five years in jail and a monetary fine of $750,000
Morphine, Hydromorphone, or Opium – Felony in the First Degree
Morphine is a drug found in Oramorph SR, MS Contin, Roxanol, Avinza, and several other prescription drugs.
- Trafficking 4 grams ore greater, but less than 14 grams – three years in jail and a monetary fine of $50,000
- Trafficking 14 grams or greater, but less than 28 grams – fifteen years in jail and a monetary fine of $100,000
- Trafficking 28 grams or greater, but less than 30 kilograms – twenty-five years in jail and a monetary fine of $500,000
Adderall – Felony in the First Degree
Adderall is a stimulant drug commonly prescribed to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy.
- Trafficking 14 grams or greater, but less than 28 grams – three years in jail and a monetary fine of $50,000
- Trafficking 28 grams or greater, but less than 200 grams – seven years in jail and a monetary fine of $100,000
- Trafficking 200 grams or greater – fifteen years in jail and a monetary fine of $250,000
Oxycodone – Felony in the First Degree
The substance Oxycodone is found in the prescription drugs Percodan, OxyContin, Roxicodone, and several others.
- Trafficking 7 grams or greater, but less than 14 grams — three years in jail and a monetary fine of $100,000
- Trafficking 14 grams or greater, but less than 25 grams — seven years in jail and a monetary fine of $100,000
- Trafficking 25 grams or greater, but less than 100 grams – fifteen years in jail and a monetary fine of $500,000
Defenses to Prescription Drug Trafficking Charges in Florida
There are certain defenses to prescription drug trafficking, which include, without limitation, the following:
Measurement – the above-referenced statute provides that when determining the weight of the prescription drug at issue, it shall not only include the drug itself but as well as any other controlled substances. This is essential when considering the fact that prescription drugs often contain a controlled substance in addition to non-controlled substances (such as Tylenol with Codeine). These prescription drugs are weighed, where the combined weight applies in determining the proper offense. This method of weighing can cause the crime to be elevated from simple possession to prescription drug trafficking.
Addiction – unfortunately, the law does not consider the fact that a person who is addicted to a prescription drug may possess an amount that technically gives rise to a trafficking charge. Additionally, because the above-referenced statute classifies prescription drug trafficking as a felony in the first degree, the convicted offender may not be able to avail himself or herself of pretrial intervention programs such as drug court, even if he or she does not have a prior criminal record. Notwithstanding, a skilled Florida Drug Crime Defense Attorney can attempt to demonstrate to the court that the offender was simply an addict feeding his or her own habit who was not engaging in the trafficking of prescription drugs.
Charged with Prescription Drug Trafficking in Florida? Contact Musca Law Today!
If you are facing prescription drug trafficking charges in Florida, contact the skilled Florida Drug Trafficking Defense Attorneys at Musca Law today by calling 1-888-484-5057. Our team of legal advocates has the skill, dedication, and experience necessary to vigorously defend you. Don’t wait – call us today, as your freedom and livelihood are at stake.