Taking prescribed medication isn’t something that anyone should be ashamed of. Pill shaming feeds on assumptions about people who use drugs and those with chronic illnesses who depend on medication. Many people, even law enforcement officers, have been guilty of this unfair judgment. What happens when it leads to an arrest?
Florida’s laws prohibit knowingly possessing a controlled substance without a valid prescription. However, even with your prescription at hand, an officer suspecting misuse, intent to distribute or some other illegal act might put your defense into question. Knowing your rights and how to defend them is crucial in this situation.
When is a prescription valid?
Florida defines a valid prescription as an order:
- For drugs or medical supplies from licensed practitioners, such as physicians, dentists or veterinarians
- Issued subject to a valid patient-physician relationship
- Issued in good faith and authentic
- Necessary for continued treatment of a chronic or recurrent illness
Generally, individuals can only lawfully obtain controlled substances through valid prescriptions.
The prescription drug defense
Prescription defense is an affirmative defense to drug charges. The defendant must provide evidence to refute liability. Key points of this defense include:
- Burden of proof: The defendant carries the burden of proof in an affirmative defense. A valid prescription is a strong defense. Other evidence strengthens it, like medical records and the prescribing doctor’s testimony.
- No requirement for original bottle: Florida allows carrying prescription drugs in other containers, like pill cases or resealable bags.
- Authorized possession: Caregivers, like family or legal guardians, may possess medication on someone’s behalf.
It is advisable to consult an experienced criminal defense attorney when facing drug charges. You may have to file a motion to dismiss charges even with a valid prescription. Ensuring you meet all legal requirements is crucial to protecting your rights. In turn, protecting your rights can help fight the stigma against prescription medication use.
