Drug Trafficking

“Trafficking” Cases Involving Prescription Medication Where there is No Intention to Sell

Addiction to prescription pills has become commonplace in our society. Individuals who were once legally prescribed a medication can often be driven to break the law in order to feed their addiction when their legal prescriptions run out. Because these individuals can build up a tolerance to the drug, they often require subsequent large dosages of a medication to achieve the same effect. As a result, a person suffering from an addiction will possess a larger quantity of the drug, even though it is purely intended for their personal use. However, when such an individual is caught with their personal supply, the sheer quantity of pills will typically lead to a drug trafficking arrest, rather than a more appropriate simple possession charge.

Two Ways We May Be Able To Help In Cases Where Sale or Distribution Was Never Our Client’s Objective

1.) We can urge the State to amend the charge to a more appropriate lesser offense of “simple possession” by pointing out that:

• When seized, the drugs were not found to be individually packaged for later sale;
• No scales, baggies or cutting agents were discovered as evidence in your case;
• Law enforcement never recovered significant cash in connection with your arrest that would otherwise point to your involvement in distribution and profiting from the sale of the prescription pills;
• You never made any statements or admissions to the police that you had sold the drug in the past or that you intended to sell the pills in the future;
• You have a legitimate addiction and the best interests of justice would be served through counseling and treatment as opposed to your incarceration in state prison;
• Through the urging of family members and the guidance/direction of your attorney, you have already begun substance abuse counseling; and
• Your problem with prescription medication may have been built by the medical profession since it was fueled by initial legitimate prescriptions written by your doctor.

The Florida Office of Program and Policy Analysis and Government Accountability (OPPAGA) recently reported that convictions for “Trafficking” more than quadrupled between 2006 and 2013. The taxpayer cost of incarcerating a drug offender for a mandatory three year Florida state prison sentence is estimated to be $58,400. The argument for treatment rather than incarceration is compelling given these figures. It makes little sense to burden the taxpayers and the Florida Department of Corrections with the cost of a mandatory prison sentence when the original offense amounted to simple possession.

2.) We can file a Motion to Dismiss Your Drug Trafficking Charge

We can file a legal pleading arguing that Florida Statute 893.135 is unconstitutional as applied in your case because there was no intention on your part to sell or distribute the pills. Although Florida Statute Section 893.135 fails to define the term “trafficking,” Black’s Law Dictionary and appellate case law defines “trafficking as “trading or dealing in certain goods and commonly used in connection with illegal narcotic sales.” See also court commentary in Jordan v. State, 441 So 2d. 657 (Fla 3d DCA 1983).

In support of your motion to dismiss it can be pointed out that there is an absence of evidence to suggest that you intended to do anything other than ingest the drug. Further, that there is another Florida criminal statute already in place (simple possession) that prohibits the exact conduct for which you are accused. As a result, we can urge the Pinellas County Circuit Court Judge to find that the trafficking statute, as applied in your case, is overbroad and therefore unconstitutional.

If successful, a motion to dismiss will serve to terminate your prosecution for a trafficking offense and force the prosecutor to re-file the charge as a simple possession offense. This would avoid the otherwise harsh prison sentence you were initially facing. In the alternative, just the act of filing the motion could cause the prosecutor to take a fresh look at the unique set of facts and circumstances in your case (pointing to a possession motivated by addiction and limited to personal use). Such a more detailed review of your individual circumstances might give us leverage in convincing the prosecutor that the best interests of justice demand an amendment of the charge to the lesser “simple possession” offense coupled with substance abuse counseling instead of a prison sentence.

Call Our Office for a Free Confidential Consultation at (727) 578-0303

You need a local St. Petersburg / Clearwater attorney well familiar with the unique nature of drug trafficking charges and someone who is also experienced within our Pinellas County Criminal Court System. At your initial consultation we can discuss which options and strategies are best for you. We can also assist you in getting started on any counseling or treatment that you might need. Our office is quite familiar with those local addiction treatment providers that are favorably looked upon by our Pinellas County judges. An early coordinated strategy in your case may pay later dividends in achieving the best possible final outcome.

Related Links:

• Felony Drug Possession
• Prescription Fraud
• Doctor Shopping
• Drug Court

Blog Articles:

• Drug Trafficking in Florida: A Crime You Thought You Understood
• Florida’s Growhouse Eradication Act
• Record Oxycodone Prosecutions in Pinellas County