 |
| Casey Ebsary |
Prescription Drug Charges in Florida
"Prescription Drug Pharmacy records may not even need to be subpoenaed or require a medical release from the patient."
What to do when charged with illegal prescription drug charges?
For years, we have been reporting on drug prosecutions and defenses in Florida and on Prescription Drug Charges from our Tampa office, we have accumulated a wealth of information on law enforcement and their use of Prescription Drug Records, Prescription Drug Busts, Forfeiture of Assets in Drug Cases, and the emerging use of Drug Courts and treatment of drug charges by professionals, in lieu of jail or prison. A summary of these experiences follows.
What are the Minimum Mandatory Sentences in Florida for Oxycodone Hydrocodone Hydromorphone?
 |
| Oxycodone, Hydrocodone, Hydromorphone |
Minimum Mandatory Law
The Florida Statutes on Morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer, including heroin provide harsh minimum mandatory sentences that kick-in at as little as 4 grams.
The stakes become higher when 14 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. At 30 kilograms, life imprisonment without parole isan option for police and prosecutors.
4 – 14 grams 3 years, $50,000 fine 14 – 28 grams 15 years, $100,000 fine 28 grams – 30 kilograms 25 years, $500,000 fine 30+ kilograms Life imprisonment without parole |
How can police get my Prescription Drug Records?
We have learned that Prescription Drug Pharmacy records may not even need to be subpoenaed or require a medical release from the patient. See our story here:
Prescription Drug Bust Stories
We have reported numerous prescription drug busts and you can review one of our stories here:
 |
| Prescription Drug Help |
Frequently law enforcement attempts to seize assets. We have reported a story about Forfeiture of vehicles used in drug offenses here:
Cocaine, marijuana, prescription drugs, and other controlled substances found in a car? St. Petersburg police will impound any vehicle used to make a drug deal or carry drugs. In Mulligan vs. City of Hollywood the Florida Supreme Court approved the process. The law allows cops to grab a vehicle when used in the purchase or use of illegal drugs.
Car owners have 15 days to contest the seizure at an administrative hearing. If not challenged within 30 days, the car will be deemed abandoned and turned over to the towing company. Additionally, the Florida Contraband Forfeiture Act provides that the car can be taken by the Government. The seizure must be challenged or the car is lost.
Prescription Drug Crimes Video
Below is a One minute video from Florida Drug / Prescription Drug Crime Defense Attorney Casey Ebsary in Florida. There are important things to consider when getting help with these offenses.
Drug Trafficking
Drug trafficking charges are serious matters, federal trafficking charges pose serious challenges to defense attorneys. Federal indictments are generally backed by a detailed investigation by the DHS, FBI, DEA, or Coast Guard. If you are charged with a federal crime, retain a lawyer with experience in federal court.
 |
| Trafficking 4 to 14 Grams Morphine, Opium, Oxycodone, Hydrocodone, Hydromorphone |
"shall be sentenced to a mandatory minimum term of imprisonment of 3 years"
If you have been charged with DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS you can call a Tampa Criminal Defense Attorney for FREE at 813-222-2220 to fight for you or a friend.
Trafficking drugs under Florida is based upon the weight of the substance, not the actual conduct of the person who has been charged. The crime can be committed even if no drugs were actually sold to anyone. The mere possession of a scheduled compound, in the requisite amount can generate a charge of drug trafficking.
"Constructive possession means the controlled substance is
in a place over which the (defendant) has control,
or in which the (defendant) has concealed it."
Form Code: DRUG3912
Florida Statute: 893.135.1C1A
Level: Fel (Felony)
Degree: 1st
Description: TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS
Trafficking 4 to 14 Grams Morphine, Opium,
Oxycodone, Hydrocodone, Hydromorphone
DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS is often charged in Hillsborough County, Florida.
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL
893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(c)1. 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.
"To prove the crime of Trafficking in Illegal Drugs, the State must prove . . ."
Florida Jury Instruction on TRAFFICKING IN ILLEGAL DRUGS
§ 893.135(1)(c), Fla. Stat.
Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.
To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) knowingly
[sold]
[purchased]
[manufactured]
[delivered]
[brought into Florida]
[possessed]
a certain substance.
2. The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].
3. The quantity of the substance involved was 4 grams or more.
See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).
4. (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].
If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above. For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.
[4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.
Manufacture. § 893.02(13)(a), Fla. Stat.
“Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.
Deliver. § 893.02(5), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
Possession.
To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.
Possession may be actual or constructive.
Actual possession means:
a. The controlled substance is in the hand of or on the person, or
b. The controlled substance is in a container in the hand of or on the person, or
c. The controlled substance is so close as to be within ready reach and is under the control of the person.
Give if applicable.
Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.
Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.
In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.
Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.
If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.
If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.
Knowledge of the illicit nature of the controlled substance. Give if applicable. § 893.101(2) and (3), Fla. Stat.
Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged). Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. (Defendant) has raised this affirmative defense. However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.
If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.
If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.
See State v. Weller, 590 So. 2d 923 (Fla. 1991).
If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:
Enhanced penalty. Give if applicable up to extent of charge.
a. [The quantity of the substance involved was 4 grams or more but less than 14 grams.]
b. [The quantity of the substance involved was 14 grams or more but less than 28 grams.]
c. [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]
d. [The quantity of the substance involved was 30 kilograms or more.]
Lesser Included Offenses
TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2
| |||
CATEGORY ONE
|
CATEGORY TWO
|
FLA. STAT.
|
INS. NO.
|
Trafficking offenses requiring lower quantities of illegal drugs
|
893.135(1)(c)1
|
25.11
| |
Attempt (but not conspiracy), except when delivery is charged
|
777.04(1)
|
5.1
| |
If sale, manufacture or delivery is charged
|
893.13(1)(a)
|
25.2
| |
If purchase is charged
|
893.13(2)(a)
| ||
Bringing same illegal drug as charged into state
|
893.13(5)
| ||
Possession of same illegal drug
|
893.13(6)(a)
| ||
Comment
This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245]. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].
Drug Court
"successful completion may result in adjudication being withheld and/or a reduced length of probation"
We have also focused on the Drug Court program as an alternative to incarceration. Some people enter the Drug Court as a condition of probation, successful completion may result in adjudication being withheld and/or a reduced length of probation. Drug court is a 24-month program.
+copy.png)
Many Tampa Bay Area Prosecutors have another way to handle drug charges and avoid prison for people with or without a prior record.
+copy.png)
Marijuana, cocaine, prescription, and other drug charges can be dropped. Tampa Bay area drug defense lawyer W. F. ''Casey'' Ebsary has experience and training as both a drug court Prosecutor and is now on the defense side helping people navigate treacherous waters when drug charges are at hand.
Help for you, a friend or a loved one.
A team approach is used in the Pinellas and Hillsborough County's Drug Treatment Court. In a court-supervised, comprehensive drug treatment program for non-violent people charged with drug crimes. This is a voluntary program that uses frequent appearances before the drug court judge and substance abuse treatment. Participants will appear before the drug court judge every 30 to 45 days. Upon completion of the Drug Court, the charges may be dismissed.
Some people enter the Drug Court as a condition of probation, successful completion may result in adjudication being withheld and/or a reduced length of probation. Drug court is a 24-month program. After completion at least one year, persons who have completed treatment, remained drug free and completed all of their requirements of Pre-Trial Intervention or probation may petition the court for a dismissal of the charges (Pre-Trial Intervention) or early termination of probation.
Hillsborough Pinellas Florida Drug Court Attorney Lawyer
Many Tampa Bay Area Prosecutors have another way to handle drug charges and avoid prison for people with or without a prior record.
Here is a short video on the Florida Drug Court Program.
You have seen a few of our stories on Prescription Drug Charges in Florida . Prescription Drug Crimes and Prescription drug trafficking offenses are on the rise. You have seen stories from a Defense Attorney, a Lawyer with experience in these types of charges.
