Can I be charged with possession of controlled substance if I have a prescription in Florida?
In Florida, it is illegal to possess any controlled substance without a prescription. Having a prescription can be a defense to this charge depending on the substance. If you are charged with possessing cocaine, heroin, or marijuana this defense is not going to be available since these substances are not prescribed. However, such drugs as oxycodone, hydrocodone, and morphine are often prescribed as pain management medicine.
If you are being charged with possession of a controlled substance that you are prescribed, then the State will likely drop your case if you can show proof the this prescription. Proof can be the actual bottle the pills come in, the prescription the doctor wrote, or a prescription history from your pharmacy. Keep in mind this is a general rule. The State may not drop your case if the script presented is old or the pharmacy does not carry the brand that you had in your possession.
To discuss your case in more detail, please contact Soler & Simon at (941) 444-5128.
Our attorneys have extensive experience with fighting and beating drug possession charges. Please visit our Drug Crimes page for more information on various strategies and legal defenses that can be used to beat a drug possession case.