People are often shocked to be charged with a felony over pills that came from a doctor or a family member. Florida treats possession of most prescription controlled substances without a valid prescription in your name as a third-degree felony.
What counts as illegal possession of prescription pills?
Oxycodone is Schedule II. Hydrocodone is generally Schedule II, with some combination products in Schedule III. Xanax (alprazolam) is Schedule IV. The schedule matters for other parts of the law, but possessing any of them without a valid prescription is generally the same degree of felony.
Is a prescription a defense?
Pills in your name, in the original bottle, are one thing. Pills in a plastic bag, in someone else’s name, or more than the label allows are another. Even a real prescription can be questioned if the pills are not stored the way the law expects. I look at the prescription history, the pharmacy records and the bottle.
What if the pills belong to someone else?
A spouse’s, parent’s or friend’s prescription is not yours, even if you were holding it for them. People are most often charged here.
Why does the pill count matter?
Larger amounts can lead to charges of trafficking or possession with intent to sell. Opioids have low weight thresholds for trafficking, so how the pills are counted and weighed, and whether it is the drug or the whole tablet that is measured, can change everything.
Can treatment be an option?
Many people charged here are dealing with pain or dependency, not dealing drugs. Diversion and treatment-based resolutions may be available, depending on your record and the amounts.
If you have been charged in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001 before you make a statement.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 893.13(6)(a); 893.03; 893.135.
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: Drug possession defense, Cocaine Possession Charges in Florida, Marijuana Possession Charges in Tampa Bay.