Pinecrest Federal Drug Defense Lawyer

Drug possession vs. drug trafficking

Drug possession is an element prosecutors must prove to substantiate a drug trafficking charge. However, possession is also a standalone offense. Sometimes the details of an investigation make it clear that an individual should be charged with possession versus more severe drug offenses. Nevertheless, in many situations, the line can be blurred. For example, an individual may have requested a friend to bring enough drugs for personal consumption. The individual drives the friend home, and the friend leaves a larger quantity in the vehicle without the driver’s knowledge. If the driver is stopped by police after leaving the friend’s home and the police discover the drug, prosecutors will likely charge the driver for trafficking if the larger quantity meets the minimum threshold.

The driver’s defense attorney may challenge the trafficking charge based on the driver’s knowledge. Because the driver initially requested a smaller amount of drugs for personal use, the defense attorney may argue the driver did not knowingly possess enough drugs to meet the requirement for a trafficking charge.

Most people are not prepared to understand and argue the intricacies of Florida’s drug statutes. If there is a pending Pinecrest drug trafficking case against you, contact a reputable defense lawyer.

Drug manufacturing and cultivation

In addition to possessing and distributing illegal drugs, it is also illegal to play any role in growing, processing, prepping, or making a controlled substance. Florida’s law against growing cannabis is covered by the state’s drug manufacturing statute. A prosecutor may charge an individual with drug manufacturing if:

• the defendant actively or constructively possessed an illegal controlled substance as defined by Florida law
• the defendant has the intent to manufacture, sell, or distribute the illegal controlled substance
• the individual knew the illegal substance was in his or her possession

Florida’s drug manufacturing law also allows prosecutors to prosecute individuals for owning, renting, leasing, or controlling a property for the purpose of drug manufacturing. Knowingly owning, renting, or leasing any place or structure that is being used for drug manufacturing is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000. Actively or constructively possessing a place or structure with the knowledge that the property is being used for illegal drug manufacturing with the intent to sell or distribute is a second-degree felony. If convicted, a defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $10,000. The potential sentence increases further if someone actively or constructively possesses a property for illegal drug manufacturing and there is a minor present. If convicted, the individual who possesses the property may be sentenced to a maximum of 30 years in prison and fined up to $10,000.

Drug crimes in drug-free zones

Courts may enhance a defendant’s sentence if he or she participated in illegal drug activity in certain legally protected locations. Florida’s drug statutes recognize certain properties as drug-free zones. Some examples are:

• schools
• daycares
• places of worship
• community centers
• public housing developments
• assisted living facilities
• parks
• university campuses
• 24-hour convenience stores
• gas stations that sell groceries

Trafficking, manufacturing, selling, delivering, or possessing with the intent to sell an illegal drug within 1,000 feet of a drug-free zone qualifies a Florida drug case for enhanced sentencing. Some drug-free zones like schools are only protected during specified hours. A court may only enhance a defendant’s sentence if he or she is convicted for a drug crime that takes place within 1,000 feet of a school between 6am and 12 midnight. In all drug-related cases, enhanced sentencing may apply even if the defendant did not know he or she was in a drug-free zone.

Prescription drug crimes

More than 10 years ago, Florida emerged as a hotspot for illegal prescription drug activity. Visitors regularly flocked to Florida from out of state to pick up drugs from pain clinics known colloquially as “pill mills.” Located across the state, pain clinics dispensed thousands of doses of oxycodone and other narcotics. People who visited the clinics casually referred to Interstate 75 as the “Oxy Express.” Lax prescription drug regulation in Florida attracted people who were addicted to narcotics and people who wanted to purchase prescription drugs to sell illegally. In response, Florida’s legislature passed tougher laws against illegally possessing, selling, and distributing unauthorized prescriptions and prescription drugs.

Prescription drug offenses in Pinecrest

Florida’s statutes recognize several offenses for which people can be charged if they mishandle prescription drugs. Some actions the state expressly prohibits are:

• possession of a prescription drug without a legal prescription
• illegal distribution or sale of a prescription drug
• forging a prescription
• doctor shopping

In Florida, you cannot be in possession of any prescription drug unless you obtained the drug through a legal prescription from an authorized medical professional. Illegally possessing a prescription drug is a second-degree felony. If convicted, the defendant may be sentenced to a maximum of 60 days in jail and a fine of up to $500. If prosecutors can prove the defendant intended to sell or distribute the prescription drug, the charge may be escalated to a felony offense punishable by up to five years in prison and a fine of up to $5,000.

ILLEGAL PRESCRIPTION DRUG DISTRIBUTION

There are several different types of activities that may result in an individual being charged for illegally distributing prescription drugs in Florida. State law grants an exception to people who have the legitimate qualifications and reasons for distributing a prescription drug. Situations in which there may be an exception include:

• pharmacists who distribute prescription drugs to patients who have a valid, legal prescription
• medical professionals who are licensed and authorized to write prescriptions and have legally prescribed the drug
• pharmaceutical companies and their authorized sales representatives
• law enforcement officers who seize illegal prescription drugs as evidence

One of the simplest forms of illegal prescription drug distribution often occurs without the involved parties realizing they are doing something illegal. A friend or family member may share a once legally prescribed drug with someone else who may have a similar ailment. For example, someone who does not use all his or her prescription painkillers after having outpatient surgery may give one of the pills to a family member who has a back injury. In other instances, people sell extra narcotic pills they may have received through a valid prescription but no longer need to use. Both practices are illegal and dangerous. The person who receives the prescription drug risks using the medication without the supervision of a medical professional. The individual risks having a negative reaction or potentially becoming dependent on the drug without the oversight of a doctor who could otherwise prescribe an alternative drug or recommend a more appropriate dose.

Now that Florida no longer has an abundance of pill mills patients and illegal prescription drug dealers engage in an illegal practice that has become known as doctor shopping. Doctors must now follow regulations that restrict the quantity patients may receive of certain narcotic drugs. To bypass the stricter laws, people who want to obtain larger quantities of closely regulated drugs visit multiple doctors and obtain a prescription from each medical care provider. People who engage in doctor shopping typically don’t disclose that they have been previously prescribed the drug they are seeking. They may also use aliases to make it more difficult for doctors to detect signs of doctor shopping in the patient’s medical records.

There are some cases in which someone may innocently be in possession of a prescription drug without a valid prescription. For example, a family member may help an injured or sick relative by picking up the individual’s prescription medication. When getting a ride home with a friend, the passenger may accidentally leave prescription drugs in the driver’s car. Someone may receive a bottle of vitamins or natural supplements from a friend; however, the friend may have forgotten that he or she was using the bottle to store prescription drugs. Florida has some of the harshest prescription drug laws in the U.S. Any allegation of illegally handling a prescription drug should always be taken seriously by hiring a drug trafficking defense attorney.

Joffe Law represents individuals who have been charged with a drug trafficking offense in Pinecrest FL and surrounding areas. Contact us to speak with a member of our team and to receive a case evaluation.