Last updated January 2026
Prescription medications are legal when properly prescribed and used. But in Florida, possession, misuse, or distribution of prescription drugs is prosecuted just as aggressively as street drug offenses.
People are often shocked to learn that a single pill — if not prescribed to them — can lead to felony charges, mandatory minimums, and long-term consequences. Understanding how Florida treats prescription drug cases, and how they are defended, is critical to protecting your record and your future.
For an overview of all Florida drug offenses, see:
👉 Drug Crimes Defense
⚖️ Florida Law on Prescription Drug Offenses
Prescription drug cases are primarily prosecuted under Florida Statute §893.13, which governs controlled substances.
Florida treats many prescription medications — including opioids, stimulants, and benzodiazepines — as Schedule II or Schedule IV controlled substances. As a result, prescription drug cases are handled similarly to cocaine, heroin, or methamphetamine cases.
Common prescription drug charges in Florida include:
Possession of a prescription drug without a valid prescription
Possession of medication prescribed to another person
Doctor shopping or prescription fraud
Possession with intent to sell or deliver prescription drugs
Trafficking in prescription medications (based on weight thresholds)
Some prescription drug cases remain misdemeanors, but many are charged as felonies, even for first-time offenders.
📦 Common Types of Prescription Drug Charges
Possession Without a Prescription
Being found with pills that are not prescribed to you — even a small number — can result in criminal charges if the medication is classified as a controlled substance.
👉 Caught With Pills But No Prescription in Florida?
Prescription Drug Fraud & Doctor Shopping
Fraud-based cases often involve allegations of:
obtaining prescriptions under false pretenses,
visiting multiple doctors for the same medication, or
altering or forging prescriptions.
👉 Prescription Drug Fraud Charges in Florida
Possession With Intent to Distribute
Prosecutors may allege intent based on:
quantity of pills,
packaging,
text messages,
or alleged exchanges — even without an actual sale.
Trafficking in Prescription Drugs
Certain prescription medications — such as oxycodone or hydrocodone — carry trafficking penalties based solely on weight, not intent.
🛡️ How Prescription Drug Charges Are Defended
📄 Valid Prescription Defense
If you had a valid prescription at the time of the alleged offense, this can be a complete defense. Timing, documentation, and pharmacy records matter.
🧍 Lack of Knowledge or Control
The State must prove you knew you possessed the medication and had control over it. Cases involving shared vehicles, bags, or residences are highly contestable.
👉 Constructive Possession in Florida Drug Cases
🚓 Illegal Search or Seizure
Many prescription drug cases arise from traffic stops or searches. If police lacked probable cause, consent, or a valid warrant, evidence may be suppressed.
👉 Motions to Suppress in Florida Drug Cases
⚖️ Evidence, Lab, and Documentation Issues
The State must prove:
the identity of the medication,
that it is a controlled substance, and
that it was not lawfully prescribed.
Missing pill bottles, lab errors, or chain-of-custody problems can weaken or destroy the case.
🚨 Penalties for Prescription Drug Crimes in Florida
Penalties depend on:
the type of medication,
the number of pills or total weight,
whether intent to distribute is alleged, and
prior criminal history.
Prescription drug charges can range from misdemeanors to first-degree felonies with mandatory prison sentences, particularly in trafficking cases.
Early legal action often determines whether a case becomes a permanent felony conviction or is reduced, diverted, or dismissed.
📍 Local Perspective: Broward County Prescription Drug Cases
In Fort Lauderdale and throughout Broward County, prosecutors aggressively pursue prescription drug cases — especially those involving opioids or alleged fraud.
However, many prescription drug cases:
involve search issues,
lack proof of knowledge,
or rely on weak documentary evidence.
Handled correctly, these cases often result in reductions, diversion programs, or dismissals.
📞 Charged With a Prescription Drug Offense in Florida?
Prescription drug charges move quickly and can escalate fast. Waiting limits your options.
📲 Call Michael White, P.A. at (954) 270-0769
💬 Or request a confidential consultation online.
We’ll review the evidence, explain your options, and build a defense strategy tailored to your case.
❓ Prescription Drug Charges – Florida FAQs
Can I be charged for possessing medication prescribed to someone else?
Yes. Possessing prescription medication not prescribed to you can result in criminal charges under Florida law.
What if I had a valid prescription?
Providing proof of a valid prescription is often a complete defense, depending on timing and circumstances.
Can police search my car for prescription drugs?
Only under specific legal exceptions. Illegal searches may result in suppression of evidence.
Are prescription drug crimes treated like street drug cases?
Yes. Florida law treats prescription medications as controlled substances, and penalties can be just as severe.
Can prescription drug charges be reduced or dismissed?
Yes. With strong defenses, many cases are reduced to misdemeanors, diverted, or dismissed entirely.