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