Prescription drugs are pharmaceutical drugs that need to be prescribed by a doctor. In the state of Florida, we categorize prescription drugs with the help of the Drug Abuse Prevention and Control statute (Florida Statute #893.03).
Here, they separate controlled substances under five different schedules, I-V. They also judge the severity of the crime on two factors: the type of schedule and amount of prescription drugs found with the person in question.
If found in possession of illegally-dispensed prescription drugs, you may face thousands of dollars in fines and several years in prison. It is important that you contact a dependable defense attorney as soon as possible who will protect your rights and handle your charges.
Differentiating Prescription Drug Possession and Intent to Traffic in Florida
The possession of a controlled substance with the intent to distribute is illegal and punishable by imprisonment and fines. Under federal law, possession with intent to distribute cannot be committed unless three factors are in play: possession, intent to distribute, and possession with intent to distribute. Understanding these holds the key to finding the line between prescription drug possession and intent to traffic.
The federal government forbids the possession of controlled substances. Possession does not just mean having the drugs in your pockets, bags, or purse. As long as the drugs are in a place within your control (cars, homes, etc.), then the state may charge you with prescription drug possession.
However, just because you have literal possession of the drugs, doesn’t mean that you are automatically guilty of drug possession. It must first be proved that you knowingly obtained, received, or knew of the presence of the controlled substances before the state can formally charge you with possession.
- Intent to Distribute
Of course, the court cannot get inside your mind and suddenly accuse you of being guilty with the intent to distribute. To know whether you are guilty, the state needs to find corroborating evidence that prove your intent.
Usually, if you are holding an amount of drug that is too much for one person to consume, or if drug paraphernalia such as packaging materials and communication lines with customers are found, the state can safely assume that you have the intent to sell or distribute your prescription drugs.
- Possession with Intent to Distribute
If the two factors above (Possession and Intent to Distribute) occur at the same time that is the only way the state can charge a person with drug possession with intent to distribute. Related crimes such as attempt to possess with intent to distribute or conspiracy to possess with intent to distribute will usually be charged in the absence of one or the other.
Trafficking happens when a person is found with a substantial amount of illegal prescription drugs that are classified as controlled substances under the Florida Statute of Drug Abuse Prevention and Control. The penalty for such crimes depends on the schedule of the drug and the amount of drug that you have.
To know what penalties you will face, as well as how to minimize or even get rid of these penalties, it would be advisable to seek the help of a successful criminal lawyer in Florida.
Get in Touch with an Experienced Defense Attorney Like Broward Criminal Law!
If you want to further understand the differences between drug possession and intent to traffic, it would be wise to contact a highly-experienced law firm like Michael A. Gottlieb, P.A. Law.
We know how the system works in Florida, and we can help you employ the right strategies to make sure that you get the best outcome possible in your case. Contact us today when you need a drug lawyer.