Broward County Criminal Defense

Can I be charged with trafficking a controlled substance if the drugs were prescription medication?

prescription drugsIf so, how are pills weighed under Florida Drug Laws?

Our Criminal Defense Lawyers explain that Florida has strict laws against the possession and trafficking of prohibited or controlled drugs. These include prescription drugs that are controlled because they are addictive in nature. Florida law distinguishes the penalty between simple possession of a controlled or prohibited substance and trafficking in the prohibited substance, with trafficking receiving minimum mandatory prison terms. One way in which the state proves trafficking is by stating that those found in possession of more than the permitted minimum amount of a drug or controlled substance are assumed to be involved in trafficking.

Total Weight

When it comes to weighing the pills of controlled drugs, the state laws clearly state that the total weight of the pill is what matters, not the actual active amount of the controlled substance present in it. For instance if a pill weighing 400 mg has 5 mg of the controlled substance, the state will assume that you were in possession of 400 mg of the controlled substance.

This effectively can mean that a person found in possession of a few pills containing the controlled substance can attract a charge of drug trafficking simply because the total weight of the pills will be considered by the court when weighing the charge.

Entrapment

In such cases you need to retain a drug possession and trafficking lawyer in Florida who can assess the evidence against you. Sometimes, the lawyer might be able to convince the judge or state attorney that it was a case of simple possession as you did not have any other paraphernalia such as small packets to transfer the pills in, weighing scales, or cash on your person to indicate that you were dealing in the drug or trafficking. The lawyer might also be able to have some of the evidence against you dismissed because it was a case of entrapment.