Prescription Drug Trafficking Case Dismissed | Tampa Criminal Defense Expert Notes

Valid Prescription Defense | Trafficking

Florida Criminal Defense Expert and Drug Charge Defense Attorney found a new Withholding Information From Medical Practitioner Case. The court ruled that the Florida a Withholding Information From Medical Practitioner Statute makes it a crime for a person seeking a prescription for a controlled substance not to inform the physician that the person has already obtained a prescription for the same or similar substance within the last thirty days. The court noted that the Statute did not qualify the withholding of information by requiring an affirmative request for such information. Nevertheless, Drug trafficking were thrown out and dismissed based upon a Prescription Defense. Court found drug trafficking charges should be dismissed where it was an undisputed material fact that the defendants had prescriptions from a licensed practitioner. The complete opinion is available here.

Withholding Information From Medical Practitioner Case Excerpt

“The sole issue below and on appeal is whether the statute requires an individual to volunteer information to the practitioner that he has received a prescription of like therapeutic use within the previous thirty days. Read in its entirety, the statute refers to an individual who “seeks to obtain a controlled substance or a prescription for a controlled substance” and also uses the word “request.” Whether an individual has actually withheld information in violation of the statute depends on whether s/he requested a controlled substance and failed to disclose the fact that s/he received a drug of like therapeutic use within the previous thirty days. In other words, the statute requires that an individual affirmatively requesting a substance provide information to the practitioner.”

“As to granting the motions to dismiss on the drug trafficking charges, we also affirm. The State agreed below that both Knipp and Kiser possessed a prescription issued by a licensed practitioner in the normal course of business. Where the State does not dispute these facts, the defendant has successfully raised the valid prescription defense. See O’Hara v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). Therefore, the trial court did not err in granting appellants’ respective motions to dismiss as to the drug trafficking charges.”

JEREMY KNIPP, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Hillsborough Drug Attorney

Statute Excerpt

Florida Statute: 893.13.7A8
Level: Fel (Felony)
Degree: 3rd
Description: Obtaining Drugs From Physician By Withholding

DRUG9892  is often charged in Hillsborough County, Florida.

893.13 Prohibited acts; penalties.

8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

Source: http://drug2go.com/PrescriptionDrugDefenseTrafficking.pdf

Drug Search Warrant for Marijuana | Reversed on Appeal | Tampa Appeal Lawyer Kenneth Siegel

Manufacture Cannabis

Conviction for Manufacture of Cannabis 

Tampa Drug Defense Attorney notes that my good friend Tampa Appeal Lawyer, Ken Siegel  had  a cannabis client's conviction overturned. The defendants "were each charged with manufacture of cannabis, possession of cannabis, and possession of drug paraphernalia as a result of evidence seized during the search of their home." The court found the following language in the Affidavit for Search Warrant did not provide Probable Cause for the Search.

The citizen informant "specifically named [Name Omitted] , provided her vehicle descriptions, tag number and phone number in the messages. He also provided information on her new employment. The citizen specifically stated that [Name Omitted] and her boyfriend, [Name Omitted] were growing marijuana plants in their home and selling cocaine from the residence."

The Court ruled, "The affidavit contained no allegations that anyone actually saw contraband in the couple's residence and there were no facts from which the magistrate could conclude that contraband was and would still be located in the residence at the time the warrant issued. See Rand v. State, 484 So. 2d 1367, 1367 (Fla. 2d DCA 1986) (finding affidavit insufficient for failing to allege the specific time or times when contraband was observed on the premises)." The Second District ruled "We disagree and find that the good faith exception is inapplicable in this case."

Cannabis Charge Appeal Questions? Call Me Toll Free 1-877-793-9290.


Drug Search Warrant  Marijuana

Source: Case No. 2D09-844

Florida Prescription Drug Death Report | Free Download

Florida Department of Law Enforcement FDLE Prescription Drug Death Statistics

The Florida Department of Law Enforcement FDLE has issued a report of major drugs that have been associated with health issues according to medical professionals. The complete Prescription Drug Report is here. The SP Times reports, "Of the 89,800 deaths from January through June, 4,150 individuals had one or more drugs in their bodies. The most frequently occurring drugs were alcohol, benzodiazepines, oxycodone and cocaine."

Drug Deaths in Florida

• Total drug-related deaths increased by 22 percent (2,126 more).
• 5,725 opioid-related deaths were reported, which is a 35 percent increase (1,483 more). The opioids were identified as either the cause of death or merely present in the decedent.
• 6,658 (24 percent more) individuals died with one or more prescription drugs in their system. The drugs were identified as either the cause of death or merely present in the decedent. These drugs may have also been mixed with illicit drugs and/or alcohol.
• 3,550 (40 percent more) individuals died with at least one prescription drug in their system that was identified as the cause of death. These drugs may have been mixed with other prescription drugs, illicit drugs, and/or alcohol.

"The report also showed that while heroin continues to be the most lethal drug, prescription drugs continue to be found more often than illicit drugs in both lethal and non-lethal levels." The Times reported today.

Drug Lawyer Attorney

List of Drugs in the FDLE Report

1. Aminoclonazepam, Chlordiazepoxide, Desalkyflurazepam, Diazepam Benzodiazepines (Alprazolam, Alpha-hydroxyalprazolam, Clonazepam  Diazepam, Oxazepam, Temazepam, Triazolam, and Alpha-hydroxytriaz Estazolam, Flunitrazepam, Flurazepam, Lorazepam, Midazolam,
2. Cannabinoids;
3. Carisoprodol/Meprobamate; 
4. Cocaine; 
5. Ethyl Alcohol;
6. Gamma-Hydroxybutyric Acid (GHB); 
7. Freon, Helium, Nitrous Oxide, and Toluene); Inhalants (Chlorodifluoromethane, Difluoroethane,
8. Ketamine; 
9. MDMA (Ecstasy), MDA, MDEA, and Phentermine;  Methylated Amphetamines (Amphetamines, Methamphetamine, Hydromorphone, Meperidine, Methadone, Morphine, Oxycodone, Oxym Opioids (Buprenorphine, Codeine, Fentanyl, Heroin, Hydrocodone Propoxyphene, and Tramadol);  Phencyclidine (PCP); and Zolpidem.

Source: http://www.tampabay.com/news/publicsafety/prescription-drug-related-deaths-continue-to-rise-in-florida/1137739


Tampa Prescription Drug Defense Attorney