If you have been charged with possessing drugs at a music festival, you could be facing far more serious penalties than you think. The experienced Florida criminal defense attorneys at The Alers Law Firm can protect your legal rights if you have been arrested.
There is a chance that you could be charged with a felony based on simple possession of certain types of prescription pills. Even if the charge would otherwise be a misdemeanor, it could elevate to a felony if law enforcement alleges that you were caught with a certain amount that exceeds a threshold. Then, you could be facing felony drug trafficking charges, no matter your actual intent.
You need an experienced Florida-based lawyer to defend you if you have been charged with drug offenses in the state. Contact the Florida drug possession attorneys at The Alers Law Firm to learn about the next steps in your legal defense.
Florida Law Makes Certain Types of Drug Possession Illegal
Every year, hundreds of thousands of tourists converge upon Florida for music festivals such as the Electric Daisy Carnival and the Gasparilla Music Festival. Invariably, there will be numerous arrests, as there is often both a uniformed and an undercover police presence at these festivals. Drug arrests are common at music festivals in Florida. No matter what substance you are alleged to possess, even if it is prescription medication, you could be facing charges that may be as serious as a felony.
Florida law states:
“A person may not possess, or possess with intent to sell, dispense, or deliver, any…prescription drug ….unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug.”
Thus, it is illegal to possess any type of prescription drug without a valid prescription, no matter the type of medication.
In general, the law states that wrongful possession of prescription drugs is a second-degree misdemeanor. There are some specific substances that are automatically charged as a felony if you are found to have possessed them. For example, simple possession of Oxycodone is charged as a third-degree felony in Florida, which can be punishable by up to five years in prison.
When Possession of Prescription Pills Can Rise to a Felony
However, the charges can be elevated to a felony under certain circumstances. There are two possible ways that possession can rise to a felony:
- Prosecutors can prove that your possession was with the intent to sell, distribute or deliver the drugs
- You possessed more than a certain amount of drugs
For example, if you possessed more than a certain amount of prescription drugs, you could be charged with drug trafficking. It does not matter whether you actually intended to engage in drug trafficking. All the prosecutor needs to show drug trafficking is:
The law infers intent based on the amount of drugs that were alleged to have been found on you. If you have been charged with possessing four grams or more of oxycodone/hydrocodone without a prescription, the charges would become drug trafficking.
- You knowingly purchased, possessed, distributed or brought into Florida a controlled substance
- The substance was that drug
- It was a certain quantity described in the law
- You knew the substance was that certain drug
Schedules of Drug Trafficking for Prescription Medications
There are five schedules of drug trafficking, and four of them apply to prescription medications. In Florida, the following may apply:
- Schedule II applies to controlled substances such as morphine hydrocodone and Adderall (this category of drugs is one that has a high potential for addiction)
- Schedule III applies to drugs that have a lower potential for abuse but still have some medical use, including anabolic steroids, drugs with codeine and ketamine
- Schedule IV applies to drugs with an ever lower potential for abuse, including xanax and valium
- Schedule V drugs have the lowest potential for abuse and dependency and have accepted medical uses and can include some cough suppressants
Any type of alleged drug trafficking is charged as a felony in Florida. The most serious type of felony is for trafficking in Schedule II substances. This crime is charged as a first-degree felony, which carries a mandatory minimum sentence of three years upon conviction.
Do not make the mistake of thinking that the charges against you would be minimal based on the fact that the alleged substance is a prescription drug. Florida’s laws can mean that you are facing substantial penalties.
Contact a Florida Criminal Defense Law Firm
If you have been charged with drug-related offenses, you need immediate legal help. Schedule a free initial consultation with the Florida criminal defense lawyers at The Alers Law Firm by messaging us online or by calling us today at (407) 930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
