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Defenses to Drug Crimes

Under Florida law, it is unlawful for any person to be in actual or constructive possession of a controlled substance unless the substance was "lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner" Thus, having a valid prescription is a defense to possession of a controlled substance. See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012);

Call me to find out more about how I file a motion to dismiss in a case charging possession of a controlled substance or trafficking when the person in possession had a valid prescription for the drugs possessed.

Florida law also includes an affirmative defense if you took possession of the controlled substance only for the purpose of legally disposing of it or turning it over to law enforcement.