Last updated November 2025
Yes, it’s a felony. If you’re caught with prescription medications like Xanax, Oxycodone, Adderall, or Hydrocodone — and don’t have a valid prescription — Florida law treats it as illegal drug possession.
Under Fla. Stat. § 893.13(6)(a), this is a third-degree felony, punishable by:
Up to 5 years in prison
Up to 5 years probation
A $5,000 fine
6-month driver’s license suspension
You don’t need to be selling or distributing — just having someone else’s pills in your pocket, purse, or car is enough to get arrested.
📦 What Makes It a Crime?
In Florida, prescription medications are controlled substances. That means:
You must have a current, valid prescription in your name.
It must be properly stored (e.g., in the original bottle).
Even one or two pills can result in felony charges.
Drugs like Xanax (Alprazolam) and Oxycodone are heavily prosecuted due to their abuse potential — especially in South Florida.
🛑 Can You Fight a Prescription Drug Possession Charge?
Yes. There are strong defenses in these cases, including:
You had a valid prescription but didn’t have the bottle
The pills belonged to a family member or someone else and you didn’t know they were in your bag or car
Unlawful search or seizure by police
Lack of knowledge or constructive possession issues
👉 Facing multiple drug charges? Check out our guide on felony marijuana possession in Florida to learn how we fight back in complex cases.
💡 What If This Is My First Offense?
You may qualify for:
Pretrial Intervention (PTI)
A reduction to a misdemeanor if facts support it
Withhold of adjudication, allowing possible record sealing later
Many first-time pill possession cases in Broward County are eligible for diversion or dismissal with the right legal strategy.
🧯 Consequences of a Felony Conviction for Pills
Even if you avoid jail, a third-degree felony conviction for prescription drugs can lead to:
A felony record
Ineligibility for professional licenses, housing, and jobs
Loss of civil rights (voting, jury service, firearms)
Immigration consequences for non-citizens
A withhold of adjudication is far better than a conviction — but complete dismissal is best.
🛡️ Why You Need a Fort Lauderdale Drug Possession Lawyer
At Michael White, P.A., we’ve defended hundreds of clients in Broward County charged with possessing prescription drugs. Whether you made a mistake or were wrongly accused, we can fight for a better outcome.
📞 Schedule a Free Case Review
If you were arrested for possession of prescription drugs without a prescription, don’t wait. Let’s talk through your options and protect your record.
📱 (954) 270-0769
📨 Or reach out online today.
💊 Frequently Asked Questions About Prescription Pill Possession in Florida
⚖️ Is it a felony to have prescription pills without a prescription in Florida?
Yes. Possession of controlled medications like Xanax, Oxycodone, or Adderall without a valid prescription is a third-degree felony under Florida law.
🚔 Can I be arrested for just one or two pills?
Absolutely. Even a small number of pills can lead to felony charges if you can’t prove you had a valid prescription. The State doesn’t need to show intent to sell.
🧾 What if I had a prescription but didn’t have the bottle?
You may have a valid defense. If you were legally prescribed the drug but didn’t have the original container, a lawyer may be able to provide proof and push for dismissal.
🧠 What are some defenses to pill possession charges in Florida?
Common defenses include unlawful search, lack of knowledge, valid prescription, or constructive possession issues. Each case turns on the facts.
🔒 Can I seal or expunge a felony pill charge?
Only if you avoid a conviction — for example, through PTI or a withhold of adjudication. A guilty adjudication for pill possession cannot be sealed or expunged in Florida.