Prescription Defense
PRESCRIPTION DEFENSE
Some of you reading this have been arrested for the crime of possessing a controlled
substance that you were prescribed by a doctor (what is this world coming to?). The Florida Statutes hint at just such a defense, commonly referred to as the "prescription defense". Florida Statutes section 499.03(1), Florida Statutes (2004), and section 893.13(6) each provide a “prescription defense” to a drug possession arrest, Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products. It states that the possession of a drug is illegal, unless you have a legit prescription . § 499.03(1) (emphasis supplied).
Section 893.13(6), the criminal statute that prohibits and penalizes simple drug possession, contains a similar provision:
It is unlawful for any person to be in actual or constructive possession of a controlled
substance unless such controlled substance was lawfully obtained from a pharmacist or doctor (etc)....§ 893.13(6)(a) (emphasis supplied).
Recently, Florida courts have warmed up to the notion that someone other than the patient can actually possess pills without being in violation of any law. The good news is that the prescription defense extends to agents of the prescription holder. That means Mom, Dad, wife, etc. can possess your pills without getting in trouble (theoretically, of course). I wrote an article regarding a recent trafficking case overturned in a boyfriend/girlfriend situation, so check out "Another Trafficking in Pill Case Overturned".
The Prescription Defense has turned out to be effective even on Motions to Dismiss, as was the case in State of Florida v. Latona, 75 So. 3d 394 (Fla. 5th DCA 2011), where our appeals court upheld the dismissal of Latona's oxycodone charges based upon this defense. For a more detailed account of how Lantona used the prescription defense in her oxycodone case, see my blog "Dismissal of Oxycodone Case with the Prescription Defense".
Yes, it should be obvious that for those with a prescription for a controlled substance, why would you even be arrested? Well, a common fact scenario is where someone simply brings one or two pills in their pocket or purse, rather than the whole bottle. When searched by law enforcement, the officers typically don't allow you to run home and show proof that you actually have a prescription. You're in jail. Arrested. Charged with a felony. To help defend such charges, make sure you visit all the pharmacies at which you have filled this particular prescription med. Another problem that's creeping into Florida courts are the current inconsistencies with what various states define as a "prescription drug". For example, California (and many other states), have made marijuana a prescription medicine. Is that prescription valid in all fifty states? In Florida? For more details on this issue, check out my article "Tell Grandma to Leave Her Prescriptions at Home When Visiting Orlando". And, as always, call me, so that we can discuss your possession and/or trafficking case. It's a free consultation, and it's definitely worth more than you're going to pay for the call!
Some of you reading this have been arrested for the crime of possessing a controlled
substance that you were prescribed by a doctor (what is this world coming to?). The Florida Statutes hint at just such a defense, commonly referred to as the "prescription defense". Florida Statutes section 499.03(1), Florida Statutes (2004), and section 893.13(6) each provide a “prescription defense” to a drug possession arrest, Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products. It states that the possession of a drug is illegal, unless you have a legit prescription . § 499.03(1) (emphasis supplied).
Section 893.13(6), the criminal statute that prohibits and penalizes simple drug possession, contains a similar provision:
It is unlawful for any person to be in actual or constructive possession of a controlled
substance unless such controlled substance was lawfully obtained from a pharmacist or doctor (etc)....§ 893.13(6)(a) (emphasis supplied).
Recently, Florida courts have warmed up to the notion that someone other than the patient can actually possess pills without being in violation of any law. The good news is that the prescription defense extends to agents of the prescription holder. That means Mom, Dad, wife, etc. can possess your pills without getting in trouble (theoretically, of course). I wrote an article regarding a recent trafficking case overturned in a boyfriend/girlfriend situation, so check out "Another Trafficking in Pill Case Overturned".
The Prescription Defense has turned out to be effective even on Motions to Dismiss, as was the case in State of Florida v. Latona, 75 So. 3d 394 (Fla. 5th DCA 2011), where our appeals court upheld the dismissal of Latona's oxycodone charges based upon this defense. For a more detailed account of how Lantona used the prescription defense in her oxycodone case, see my blog "Dismissal of Oxycodone Case with the Prescription Defense".
Yes, it should be obvious that for those with a prescription for a controlled substance, why would you even be arrested? Well, a common fact scenario is where someone simply brings one or two pills in their pocket or purse, rather than the whole bottle. When searched by law enforcement, the officers typically don't allow you to run home and show proof that you actually have a prescription. You're in jail. Arrested. Charged with a felony. To help defend such charges, make sure you visit all the pharmacies at which you have filled this particular prescription med. Another problem that's creeping into Florida courts are the current inconsistencies with what various states define as a "prescription drug". For example, California (and many other states), have made marijuana a prescription medicine. Is that prescription valid in all fifty states? In Florida? For more details on this issue, check out my article "Tell Grandma to Leave Her Prescriptions at Home When Visiting Orlando". And, as always, call me, so that we can discuss your possession and/or trafficking case. It's a free consultation, and it's definitely worth more than you're going to pay for the call!