“But My Doctor Prescribed It”: Why Drug Court Bans Your Legal Medication

By: John Guidry

We know that Drug Court is only for folks with a drug problem. We also know that Americans take more prescription drugs than ever.

• The Conflict: What happens if you want Drug Court treatment (to get your felony dropped), yet you are also being medically treated for anxiety, pain, or ADHD?
• The Reality: You often have to choose: Your Medicine or Your Freedom.

Drug Court programs throughout Florida (especially in Orange, Seminole, and Osceola Counties) often ban certain prescription drugs, typically Schedule II and III narcotics.

• The Reason: Courts cannot determine via a drug screen whether you are using the drug as prescribed or abusing it to get high. If a pill addict is legally allowed to take Xanax, the program can’t effectively monitor their sobriety.

Are you being told to stop your medication to enter Drug Court?

Don’t make a medical decision without legal advice. Call John today at (407) 423-1117.

The Impossible Choice

This is a very difficult choice for many participants.

• The Deal: Give up your legitimate prescription (like Adderall or Oxycodone) and the State will drop your charges.
• The Alternative: Keep taking your meds, but face prosecution, prison, or a permanent felony record.

Is there a middle ground? Sometimes. Some programs will permit a client to re-apply once a physician signs off on a non-narcotic alternative. I highly recommend you get into your doctor’s office immediately to discuss non-addictive options (e.g., Strattera instead of Adderall, or SSRIs instead of Xanax).

The “Banned List” (Schedule II & III)

If you are entering Drug Court, expect these common medications to be strictly prohibited, even with a valid prescription:

Stimulants (ADHD/Narcolepsy)

• Adderall
• Ritalin
• Vyvanse
• Concerta
• Dexedrine

Benzodiazepines (Anxiety/Panic)

• Xanax (Alprazolam)
• Valium (Diazepam)
• Klonopin (Clonazepam)
• Ativan (Lorazepam)

Opiates/Opioids (Pain)

• Oxycodone (OxyContin, Percocet)
• Hydrocodone (Vicodin, Lortab)
• Codeine (Tylenol 3)
• Morphine
• Dilaudid

Medical Marijuana: Still a “No”

A recent development in Florida is the legalization of Medical Marijuana.

• The Logic: “It’s legal, and I have a card, so I can smoke, right?”
• The Drug Court Rule: Wrong.
• The Policy: So far, Seminole, Orange, and Osceola County Drug Courts generally do not permit participants to use marijuana, even with a medical card. They view it as a mood-altering substance that interferes with recovery. If you test positive for THC, you will be sanctioned or kicked out, card or no card.

John’s 2026 Update: The Fight for MAT (Suboxone)

Note: In the past, Drug Courts banned everything. In 2026, the Federal Government has stepped in.

1. The MAT Revolution (Suboxone/Methadone) For years, Drug Courts banned Suboxone and Methadone (used to treat opioid addiction).

• The 2026 Shift: The Department of Justice now requires Drug Courts receiving federal funding to allow Medication-Assisted Treatment (MAT).
• The Reality: While the law says they must allow it, many local courts still make it difficult. They may require you to use Vivitrol (a non-narcotic shot) instead of Suboxone strips, or require a specific doctor to oversee it. If the court tries to force you off MAT, we now have strong federal grounds to fight back.

2. The “Medical Marijuana” Standoff Despite the failure of Recreational Marijuana to pass in Florida, the Medical Marijuana issue is still hot.

• The 2026 Status: Most Drug Courts still ban THC. However, some “Mental Health Courts” or specific “Tier 1 Diversion” tracks are beginning to allow it if you are not in the intensive addiction track. We have to read the contract fine print carefully.

3. Kratom & “Gas Station” Highs Since they can’t take Xanax, many clients turn to Kratom or Tianeptine (sold at gas stations).

• The Warning: In 2026, Drug Court labs specifically test for Kratom and “Gas Station Heroin.” Using these legal-but-sketchy supplements will get you sanctioned just as fast as using Fentanyl.

Check the List Before You Sign

Before you sign the Drug Court contract, bring your prescription list to us. We need to know if your meds will disqualify you before you stand in front of the judge.

Call me at (407) 423-1117. Let’s review your options.

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.