Florida's Severe Penalties on Contraband Prescription Drugs
February 21, 2024
Florida Governor Ron DeSantis exclaims that Florida is a law and order state! As Governor, he has consistently sought enactment of policies to protect our communities and keep Floridians safe. His Attorney General, Ashley Moody, recently said "While some states are adopting soft-on-crime policies that increase lawlessness and decrease public safety, in Florida, we strive to strengthen our laws, keep violent criminals behind bars, and take proactive steps to keep our communities safe." Evidence of this rhetoric is reflected in Florida's reputation for its firm stance on contraband prescription drugs. Strict laws have been enacted to contend with the burgeoning issue of prescription drug abuse in Florida.
The skilled defense lawyers at Donet, McMillan & Trontz have extensive experience defending clients accused of crimes relating to controlled substances. Our attorneys have developed a defense strategy and plan which has enabled numerous clients to mitigate damages associated with their arrest and thereafter lead a productive and successful life. Our legal skills and functions have been refined to a proven successful formula defending clients.
Florida Statute # 499.0051 provides a limited example of Florida's strict laws related to contraband prescription drugs.
- Failure to maintain or deliver transaction history:
- A person who fails to deliver to another person a transaction history concerning a prescription drug or contraband prescription drug commits a felony of the third degree, punishable by up to 5 years in prison.
- Any person who destroys, alters, conceals, or fails to maintain a transaction history concerning a prescription drug or contraband prescription drug commits a felony of the 3rd degree punishable by up to 5 years in prison.
- Knowing forgery of transaction history. Any person who forges, counterfeits, falsely creates any transaction history; who falsely represents any factual matter commits a felony of the 2nd degree punishable by up to 15 years in prison.
- Knowing purchase or receipt of prescription drug from unauthorized person. Any person who knowingly purchases or receives from a person not authorized to distribute prescription drugs commits a felony of the 2nd degree punishable by up to 15 years in prison.
- Knowing sale or transfer of prescription drug to unauthorized person. Any person who sells or transfers to a person not authorized to purchase or possess prescription drugs commits a felony of the 2nd degree punishable by up to 15 years in prison.
- Knowing sale or deliver, or possession of contraband prescription drugs. Any person in possession of any amount of contraband prescription drugs, who sells or delivers such commits a felony of the 2nd degree punishable by up to 15 years in prison.
- Knowing trafficking in contraband prescription drugs. Any person who sells, purchases, manufactures, delivers, or brings into this state contraband prescription drugs valued at $25,000 commits a 1st degree felony punishable by up to 30 years in prison.
- Knowing forgery of prescription or prescription drug labels. Any person who forges, counterfeits, or falsely creates any prescription label commits a felony of the 1st degree punishable by up to 30 years in prison.
- Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm or death. Any person who sells, purchases, manufactures, delivers, or brings into this state contraband prescription drugs, and whose acts result in great bodily harm or death to a person, commits a felony of the 1st degree punishable by up to 30 years in prison.
Possessing contraband prescription drugs subjects a person to severe consequences. This is due to the ramifications such conduct has on public health and safety. Studies have consistently shown that illicit use, possession, and distribution of drugs cause a host of criminal conduct. The public and political response has brought about harsh penalties designed to combat the nationwide epidemic of drug trafficking and abuse.
The consequences of possessing, using, and distributing prescription drugs are severe and can have lifelong repercussions. A felony conviction results in incarceration and the loss of civil rights, including the right to possession of a firearm. A felony arrest or conviction can also exclude or severely limit employment opportunities. Individuals often find themselves socially ostracized from housing opportunities.
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