Tampa Prescription Drug Fraud Lawyer

What pharmaceutical drugs are illegal to possess without a prescription?

Each drug has well-defined laws surrounding its uses, the amount an individual may possess and the criminal charges that follow any illegal use. Following are a few of the most commonly abused drugs that are illegal without a legitimate legal prescription written by a verifiable medical practitioner:

• Xanax
• Demerol
• Morphine
• Codeine
• Oxycontin
• Valium
• Amphetamines
• Percocet
• Hydrocodone

Each of these drugs falls into a scheduled class. The scheduled class of a drug will determine penalties and possible charges leveled against defendants found to be possessing pharmaceutical drugs illegally. The scheduled classes of commonly abuse pharmaceutical drugs are as follow:

Schedule V

Drugs in the Schedule V have the least potential for abuse, but are still considered illegal to possess in some situations. These drugs include cough syrups containing codeine, antitussive drugs, and analgesic drugs, including:

• Lomotil
• Motofen
• Lyrica
• Parepectolin

Schedule IV

Schedule IV substances have a fairly low potential for abuse or dependence in most circumstances. A few examples of Schedule IV prescriptions are:

• Soma
• Darvon
• Xanax
• Darvocet
• Valium
• Ativan
• Talwin
• Ambien
• Tramadol

Schedule III

Schedule III drugs have moderate potential for abuse or illegal use. Illegal activity surrounding these substances carries more severe penalties than substances in the class IV category. Drugs in this class include:

• Ketamine
• Anabolic steroids
• Testosterone
• Tylenol with codeine

Schedule II

This class includes pharmaceutical drugs with a high risk of abuse or dependence. The illegal possession, use, or distribution of any of these drugs may be accompanied by severe penalties if convictions take place. The commonly abused pharmaceutical drugs in this class are:

• Vicodin
• Cocaine
• Methamphetamine
• Methadone
• Hydromorphone (Dilaudid)
• Meperidine (Demerol)
• Oxycodone (OxyContin)
• Fentanyl
• Dexedrine
• Adderall
• Ritalin

What constitutes a prescription drug crime?

A wide range of activities may be considered to be prescription drug crimes, which may be committed either knowingly or unknowingly. If you have been accused of any, whether at a federal or state level, seeking legal aid in the form of an experienced prescription drug fraud defense attorney in Tampa is the best way to reduce, prevent, or eliminate charges. The most common crimes involving medications include:

• doctor shopping to obtain drugs,
• possession of regulated  substances,
• sales of the dealing of controlled substances,
• distribution of illegal substances,
• trafficking of drugs or substances.

How is prescription fraud defined in Florida?

Prescription drug fraud constitutes an act of illegal acquisition of controlled pharmaceutical substances. The acquisition of substances may be for personal recreational use, financial gain or to illicit profit in another way. This type of fraud may take place in many different ways. For example, going to several doctors in order to obtain multiple medications in different quantities could constitute a drug fraud charge, as is illegally obtaining a pad to create prescriptions for profit or for personal or recreational use. Essentially, any activity done to obtain regulated pharmaceutical substances illegally may carry similar charges for your Tampa drug defense attorney to fight.

Is prescription drug fraud a federal crime?

Prescription drug fraud cases can be prosecuted at both state and federal levels. The severity of the alleged crime and circumstances surrounding each situation factors into the determination of the judicial level at which a crime may be prosecuted. State crimes are serious and can carry fines, penalties, jail time and more. However, federal crimes should be taken even more seriously. Committing a federal crime can mean stiff penalties which include lengthy prison sentences, high fines and other consequences that may permanently impact the life of a convicted individual. When a crime is prosecuted at both state and federal levels, the accused are not immune to double jeopardy. This means that one count of a federal drug charge may also count as a state charge. Multiple counts for the same crime can lead to even longer sentences and higher fines. If trafficking is suspected for any reason, the DEA – a federal agency – may become involved. This is why having an experienced prescription fraud drug defense lawyer in Tampa is so essential. Federal drug fraud charges usually happen when an individual’s illegal activities are connected to larger criminal organizations. This can mean that a crime that would usually be handled at a state level may escalate into a federal case without the alleged defendant even knowing, initially.

Are there any defenses for prescription drug fraud?

In some cases, the accused are unaware that they have even committed a crime. For example, receiving medicine from an unlicensed medical professional may result in charges of prescription fraud. If the accused had no idea a doctor was illegally prescribing medication, a reduction or elimination of charges may  be possible with proper legal representation. Alternatively, defendants who have been coerced by federal agents into admitting to crimes they did not commit may have a number of possible defenses. Remember, everything you say to a law enforcement agent or official can and will be used against you in court. Asking for a prescription drug lawyer in Tampa does not mean that you are guilty.

Experienced federal defense attorneys

If you’re in or around Hillsborough County, Florida and have been accused of violating Florida’s prescription drug laws, don’t hesitate. The sooner you obtain legal representation, the better the likely outcome of your case. Joffe Law, P.A. has decades of experience defending the rights of Tampa residents. Let us get started today so we can obtain the most positive outcome possible in your case.