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).
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. Call me, criminal attorney John Guidry, 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 it!
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).
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. Call me, criminal attorney John Guidry, 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 it!