Controlled Substance Possession in Florida

In short, controlled substances are defined as any medication or drug whose manufacture, processing, distribution or possession is regulated by law. Specifically in this article, we’ll talk about possession of drugs that are Schedule II-V, as these are legally available with a prescription, but fall under different rules than Schedule I drugs. If you are arrested for possession of a controlled substance in Gulf Breeze, Navarre or any of the communities in northwest Florida, you need to retain a qualified lawyer that knows the state laws and local ordinances concerning drug possession.

The Controlled Substances Act categorizes drugs based on likelihood for abuse. Schedule I are illegal drugs and have an extremely high potential for abuse. Schedule II drugs also have a high potential for abuse, but have medically therapeutic benefits, and are controlled. Schedules III-V have decreasing potential for abuse, but their distribution and prescription is still controlled. For a complete listing of all Schedule I-V drugs, check out the Florida Statutes on Standards and schedules.

Legal Possession

For you to legally possess a CII, CIII, CIV, or CV medication, you must have a valid prescription. There are laws which dictate what is an acceptable prescription in Florida. A prescription may be from a valid prescriber, but how the prescription was obtained can be called into question. If it is fraudulently obtained, or forged-knowingly or unknowingly by you, you can still be charged with a crime. If you are arrested for possessing an illegal or forged prescription, you will need expert knowledge and advice to handle your case.

Knowingly obtaining multiple prescriptions from different doctors for the same ailment is also illegal. Florida pharmacies and practitioners can now search an electronic database to determine if you have received prescriptions from other prescribers or pharmacies. Determining if the additional prescription is actually valid, and whether your possession or purchase of it is legal can be determined in the court, but you still may be arrested for it. It is essential to consult an attorney in these matters, as the specifics of your case will be unique.

Illegal Possession

You may be arrested if you are in possession of a controlled substance that you do not have a prescription for. Another possibility is that you do have a prescription, but the medication is not in an approved container. Police can arrest you all the same as without proper documentation it is impossible for them to determine whether the drugs you have in your custody belong to you legally.

It is also illegal to sell or give away controlled substances to anyone else, as they are intended only for the person the prescription is written for. If you sold, loaned or gave a controlled medication to a friend, family member or stranger you can be charged with selling drugs.

In some cases, with the proper documentation controlled substance possession charges in Florida can be dropped. Extenuating circumstances, as well as the possession of paraphernalia and other items may change the outcome of your case. There are yet still more laws concerning the storage, transportation and use of controlled substances, and you should consult Sherry Ivey Jones to determine if your charges are valid or not.

If you are found in possession of only 4 g or more of controlled substance (depending on the pill size this could be only three pills) you’re facing a minimum mandatory sentence of three years in prison and $50,000 fine.

Driving Under the Influence of Controlled Substances

You can still be charged with Driving Under the Influence from using prescription medications. Controlled substances alone or in combination with alcohol can impair your ability to drive. Legally these medications are required to display warnings about their side effects, and it is your responsibility to heed those warnings. If you have any questions relating to your prescription, the pharmacy you purchased the medication from is legally required to offer counseling and answer any questions you may have at the time of purchase.

If you are charged with a DUI because of prescription medications, your case must be handled by an experienced criminal trial attorney that has defended successfully numerous possession cases as well as DUI cases, and understands the laws and penalties of both areas. Sherry Ivey Jones practices ONLY criminal defense law, and has extensive experience in defending both DUI charges and criminal drug possession charges. She works exclusively in Santa Rosa, Okaloosa, Walton and Escambia counties, and has working knowledge of not just Florida law, but local statutes relating to drug possession. Contact Sherry today for a free consultation regarding your case.