Maybe you woke up with a stiff neck, so you grabbed your roommate’s muscle relaxers out of the medicine cabinet. Perhaps you hadn’t been able to get to the pharmacy to pick up a refill on your prescription, so a friend agreed to give you some of their medication, which is the same as yours.
Although such behavior may seem sociable and reasonable, it is actually a violation of Florida’s controlled substance laws. If you get caught in possession of medication that isn’t yours or that you don’t have a prescription for, you might find yourself facing serious drug charges.
Controlled substances laws limit possession and transfer rights
With most property, you have the right to dispose of it as you see fit once you legally possess it. You can give it to someone else, sell it or throw it in the trash. That is not the case for controlled substances, even if you have a prescription and have paid for it.
It is only legal to possess these medications if you are a licensed medical professional or someone with a valid prescription. Anyone with a prescription medication that clearly belongs to someone else based on the name on the bottle could wind up being charged with a drug offense.
Pain medications, psychiatric drugs, stimulants and sleep medications all have a potential for abuse and could cause you legal issues if you have them without a valid prescription.
Exploring the situation that led to your arrest with an experienced attorney can give you an idea about how to defend against drug charges. Challenging evidence can be one successful strategy. Another might be to consider asking for drug court adjudication to avoid a conviction. The details of your situation and the options available will give you a better idea about what strategy is best for you.