“Valid” Fraud? Why Doctor Shopping Doesn’t Kill Your Prescription Defense

By: John Guidry

In case you haven’t watched the news in the past several years, Orlando is a hotbed for prescription drug abuse. Actually, it’s not just Orlando; it’s also most of neighboring Seminole County. Wherever you find the abuse of drugs like Oxycodone and Xanax, you find trafficking arrests.

• The Trap: Addicts often end up with Two Charges: (1) Trafficking (for possessing the pills) and (2) Doctor Shopping (for lying to get them).

The Tug of War: If you have a “valid prescription,” you have a complete defense to Trafficking. But if you obtained that prescription by lying to the doctor (Doctor Shopping), is the prescription still “valid”? Can the State use your fraud to kill your defense?

Do you have a prescription for the pills you were arrested with?

Don’t let the police tell you it “doesn’t count.” Call John today at (407) 423-1117.

The Case: Wagner v. State (The “Lawful Purpose” Error)

The Florida courts examined this exact issue in Wagner v. State, 2012 WL 75107 (Fla. 4th DCA 2012).

• The Facts: Wagner was part of an undercover sting. She showed up to sell her excess prescription drugs.
• The Conviction: She was convicted of Trafficking in Oxycodone, Possession of Xanax, Doctor Shopping (Withholding Information), and Fraud.

The Trial Court’s Mistake: The Judge instructed the jury that Wagner was guilty of trafficking unless the drugs were:

“…lawfully obtained for a lawful purpose from a practitioner or pursuant to a valid prescription.”

The Problem: See that phrase “for a lawful purpose”? It is NOT in the Florida statutes. We know Wagner’s purpose (selling the pills) was not lawful. By adding those words, the Judge effectively told the jury to ignore her prescription because she intended to sell the drugs.

The Ruling: A Prescription is a Prescription

The Appeals Court overturned the Trafficking conviction.

• The Logic: A valid prescription is a defense to trafficking, period. The statute does not say “valid prescription unless you intend to sell it.”
• The Doctor Shopping Twist: Crucially, the Court held that even if the prescription was obtained via Doctor Shopping (Fraud), it is still a “Valid Prescription” for the purpose of the trafficking defense.

“[N]othing in… Florida Statutes eliminates the valid prescription defense… if the prescription is obtained in violation of the doctor shopping statute. That may have been the intention of the Legislature, but we are constrained… to follow the plain language.”

The Result: You can be convicted of Doctor Shopping (for the lie) and Sale (for the deal), but you cannot be convicted of Trafficking if you have a prescription—even if you lied to get it.

John’s 2026 Update: E-FORCSE & The Fentanyl Trap

Note: In 2012, Wagner could shop doctors. In 2026, the computer stops you.

1. The Death of Doctor Shopping (E-FORCSE) In 2026, Florida’s Prescription Drug Monitoring Program (E-FORCSE) is fully integrated.

• The Change: Before a doctor writes a script, they must check the database. If they see you got Oxycodone from another doctor last week, they won’t write the new one.
• The Result: “Doctor Shopping” arrests are down because the crime is harder to commit. Instead, prosecutors are charging Trafficking based on the absence of a valid entry in the database.

2. The Fentanyl “Pressie” Danger Street dealers now sell “Oxycodone” pills that are actually Fentanyl pressed into the shape of a generic blue pill.

• The Trap: If you have a valid prescription for Oxycodone but get caught with street pills, the Prescription Defense FAILS.
• Why? The lab test will show the street pills are Fentanyl, not Oxycodone. Since your prescription is for Oxy, it does not cover the Fentanyl pills in your pocket. You go to prison for Trafficking Fentanyl (4 grams = Mandatory Minimums).

3. Treatment vs. Prison Despite my hopes in 2012, the Legislature still loves prison. However, we now have Drug Courts and Veterans Courts that offer true diversion. If you are an addict caught in the system, we fight to get your case out of Criminal Court and into Treatment Court.

The Law is Technical. Use It.

The State loves to add moral language (“lawful purpose”) to legal statutes. We hold them to the exact words on the page. If the law says a prescription saves you, we make sure it saves you.

Call me at (407) 423-1117. Let’s validate your defense.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.