Prescriptions drugs should help those who take them. However, when parties partake of such substances without a true need for them, it crosses into abuse and can have dangerous consequences for those partaking and others around them.
Whether a party faces drug charges for using or providing prescription drugs, understanding the process can help to determine the best possible options for creating a solid defense. There are a few key facts defendants should know.
Controlled substance
Certain substances are illegal across the board, while others are prescriptions in specific instances. The line between a prescription drug and a controlled substance is quite thin at some points. In fact, two parties may have the same amount of the same drug, yet it can fall under different classifications. This is due to the definition of a controlled substance in accordance with Florida law and the state of the prescription. If a prescription expires, or if a party has a larger amount of the drug than allotted by the prescription, the drug may classify as a controlled substance.
Possession versus trafficking
The amount of the controlled substance determines whether a party may face possession or trafficking prescription drug charges. In short, parties with smaller amounts of a controlled substance under their control likely face possession, while those with larger amounts, usually 14 grams or more, likely face trafficking charges.
Schedule of drugs
Florida’s schedule of controlled substances is a strong determining factor of penalties parties face. There are five categories, or schedules, that controlled substances fit into. While most drugs fit into these schedules, separate laws regulate a few medicinal drugs.
While mounting a strong defense against drug charges may not be easy, it is possible with proper support and knowledge. It may also be helpful to become familiar with the drug laws of the state.
