Prescription Drug Trafficking

St. Petersburg Prescription Drug / Pill Trafficking Attorney

If you have been arrested for DUI at a DUI Roadblock or Sobriety Checkpoint in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Defense Attorney, for specific information on DUI Roadblock and Sobriety Checkpoint cases in Pinellas and Hillsborough Counties.

What is Prescription Drug Trafficking?

A Prescription Drug is a medication that is regulated by the Food and Drug Administration (FDA), and requires a prescription from a Doctor of Medicine (MD) before it can be acquired.

Drug Trafficking is the sale, purchase, manufacture, delivery, or knowing possession of controlled substances at or above a certain amount.  While many people associate Drug Trafficking with drug dealing, in Florida, Trafficking is defined by the amount of controlled substance, not the act.

Thus, Prescription Drug Trafficking (sometimes referred to as Prescription Drug Dealing, or Pill Trafficking) is the illegal sale, purchase, manufacture, delivery, or knowing possession at or above a certain amount of Prescription Drugs.

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Florida Law on Prescription Drug Trafficking:

Florida State Statute Chapter 893.135 deals with Trafficking; mandatory sentences; suspension or reduction of sentences; and conspiracy to engage in trafficking.

In summary:

• Selling, purchasing, manufacturing, delivering, bringing into the State of Florida and/or knowingly possessing 4 grams or more of Prescription Drugs are all classified as illegal drug trafficking.
• Certain drug compounds are classified within the statute that are commonly found in Prescription Drugs
  • Morphine – found in the prescription drugs MS Contin, Oramorph SR, Avinza, Roxanol and others
  • Oxycodone – found in the prescription drugs OxyContin, Percocet, Percodan, Roxicodone and others
  • Hydrocodone – found in the prescription drugs Vicodin, Hydrococet, Lorcet, Lortab and others
  • Hydromorphone – found in the prescription drugs Hydal, Laudicon, Opidol, Palladone and others
• As the amount of Prescription Drug increases, mandatory minimum term of imprisonment and fines increase substantially

The Statue states in part:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a.  Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b.  Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
c.  Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

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Issues / Potential Defenses:

Measurement – The Florida State Statute sets forth that when determining the weight of the controlled substance it shall include not only the controlled substance itself, but as well any other non-controlled substances.  This is of critical importance when considering Prescription Drug Trafficking as pills typically include a small amount of a controlled substance along with larger amounts of other non-controlled substances which are then weighed in aggregate to determine the crime.  Especially with Prescription Drug pills, this method of measurement can cause the offense to rise from simple possession to Trafficking very easily.  Arguments may be made to show that the offender was an addict, causing them to possess an amount of controlled substance that while it may measure under the Statute as Trafficking,  it should be considered simple possession.

Addiction – The law unfortunately does not take into account that someone who is addicted to Prescription Drugs may be in possession of an amount that technically qualifies as Trafficking.  Further, because the Statute classifies Illegal Drug Trafficking as a first degree felony, the offender may not be eligible for pretrial intervention programs such as Drug Court even if they are a First Time Offender.  Regrettably, it is exactly this type of offender who likely would benefit the most from pretrial diversion programs and drug counseling.  Arguments may be made to show that the offender was in fact an addict, as opposed to actually dealing or distributing Prescription Drugs.

Legal Prescription – If the offender has a valid legal prescription, then arguments may be made to have the charges reduced or dropped altogether.

Severe Penalty – The Florida State Statute covering Prescription Drug Trafficking carries severe penalties in terms of both imprisonment and fines.  Arguments may be made to reduce the charges to possession of a controlled substance, or reduce the degree to which the offender was charged.

We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your opportunity for a positive outcome.  As your criminal defense lawyer, we will represent you at any necessary pre‐trial hearings, pre‐trial motions, and at trial.

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What To Do Next:

If you have been arrested:

1.  Don't speak to the police - ask to have an attorney present.
2.  Don't give a written statement – again, ask to have an attorney present.
3.  Contact an attorney immediately.
4.  Collect and document your own evidence.

You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.

Morris Law Firm | St. Petersburg Prescription Drug Trafficking Attorney

If you have been arrested for Prescription Drug Trafficking, contact a St. Petersburg Drug Crimes Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).