Defending Drug Trafficking Cases Involving Prescription Drugs in Florida

Drug trafficking charges carry some of the harshest penalties in Florida’s legal system. While many people associate drug trafficking with illegal narcotics, these charges often involve prescription drugs such as oxycodone, hydrocodone, or other controlled substances.

For individuals accused of trafficking prescription drugs, a strong legal defense from the Clearwater drug crimes defense attorneys with The Law Offices of Marc N. Pelletier is the first step to avoid mandatory prison sentences and severe, long-term consequences.

What is Drug Trafficking Under Florida Law?

Drug trafficking is defined not by the intent to sell or distribute but by the quantity of a controlled substance in a person’s possession. This means that someone can be charged with trafficking, even if they had no intention of selling the drug.

For example, an individual possessing as few as seven grams of oxycodone can lead to a trafficking charge, regardless of whether the drugs were intended for personal use.

Prescription Drugs and Trafficking Charges

Substances like oxycodone are classified as Schedule II drugs due to their high potential for abuse, and are some of the substances frequently seen in Florida trafficking cases. Because they are legal with a valid prescription, it is not uncommon for individuals to be arrested simply due to the amount in their possession exceeding the statutory threshold amount for trafficking.

Possession vs. Trafficking of Prescription Drugs

Possession

Possession typically involves smaller quantities of a substance and may be charged as a misdemeanor or third-degree felony, depending on the drug scheduling. 

Trafficking

Trafficking is charged based on weight and comes with severe mandatory minimum prison sentences, even for first-time offenders. 

Common Defenses to Prescription Drug Trafficking Charges

Lack of Intent or Knowledge

In some cases, you may not have known you were in possession of a controlled substance, or even did not intend to possess it in a large quantity.

Improper Search and Seizure

If law enforcement violated the defendant’s Fourth Amendment rights during a traffic stop, home search, or arrest, your Clearwater drug crimes defense attorney may argue that the evidence should be inadmissible in court.

Legitimate Medical Use

One of the strongest defenses is showing that the substances were lawfully prescribed by a doctor and obtained through a pharmacy. Prescription records and valid medical documentation can help establish that your possession of the substance was lawful. 

Take the First Step Towards a Better Case Outcome

Being accused of drug trafficking involving prescription medication is a serious matter in Florida and can easily turn an individual’s life upside down overnight. However, there are viable defenses that can be raised, especially when you have a legitimate medical reason for possessing the drugs. 

At The Law Offices of Marc N. Pelletier, our Clearwater drug crimes defense lawyers have extensive experience defending against complex drug trafficking charges and will work diligently to secure the most favorable outcome possible.

If you or a loved one is facing a drug trafficking charge involving prescription drugs, contact our Clearwater drug crimes defense lawyers today for a free confidential consultation to discuss your defense options or call us at (727) 493-9386.