What You Need to Know About the Opioid Law in Florida
Opioids, a controlled substance in Florida, have become an epidemic across the country. Because opioids are highly addictive, countless Floridians who are dependent on them will go to great lengths in order to maintain a supply. This has resulted in a highly lucrative market for illicit opioids. In response, the opioid law in Florida can result in severe penalties for the illegal or unprescribed possession of opioids.
Opioid Law in Florida Limits Supply
Opioids have become commonplace in the medical field for pain management. Doctors are quick to prescribe these addictive drugs which has led to their increased use. In order to combat this and the potential for developing an addiction, the opioid law in Florida has subsequently changed. As of July 1, 2018, most opioid prescriptions will have a three-day limit to the amount that can be administered. There are some cases in which the window for this limit expands to a seven-day supply, but only if there is proper, historical documentation.
In addition to the daily-supply restriction, the opioid law in Florida requires that the prescribing doctor consult a statewide database of those who have been previously prescribed this class of drug. Prescribing doctors are also required to submit additional paperwork for opioid prescriptions for uses other than pain management. Pharmacies like CVS and Walgreens must also verify a patient’s identity before dispensing the drug.
Terminal Conditions and the Opioid Law in Florida
The opioid law in Florida is limited to acute pain. According to The Florida Department of Health, the drugs can be prescribed for longer periods of time if the reason for prescribing is:
- Cancer
- Terminal conditions
- Pain treated with palliative care
- Traumatic injuries with a severity of 9+
- Chronic nonmalignant pain
Carrying Opioids Without a Prescription
In Florida, the law only requires you to be in possession of a certain threshold weight of a controlled substance or drug in order to be found guilty of drug trafficking. This is also true for drugs other than opioids. It’s important to be aware that the weight threshold is not the weight of the pure drug; it is the total weight of the pill, powder or other material that the drug is mixed with.
Consequences of Carrying Illegal Prescriptions
As the weight of the total drug is taken into account, it is vital to know the limits, especially if you are carrying someone else’s prescriptions for opioids. Drugs like Percocet, which is oxycodone mixed with acetaminophen (Tylenol), come in several varieties, including 10/650, which is 10mg of oxycodone and 650 mg of acetaminophen. Together with fillers, like cornstarch, these pills weigh close to 1 gram each. Possession of 7 grams of pills containing any oxycodone is the threshold for the drug trafficking statute. A handful of pills that weigh 7 grams or more in total and contain any oxycodone is a first-degree felony, punishable by a minimum of 3 years in prison and a $50,000 fine, and a maximum of 30 years in prison. The numbers go up from there. Possession of 14 to 25 grams of pills is a 7-year mandatory minimum with a $100,000 fine, and 25 to 100 grams is a 15-year mandatory minimum and a $750,000 fine.
Hydrocodone, commonly known as Vicodin or Lorcet, is also mixed with fillers and acetaminophen. By statute, any pills with hydrocodone that weigh, in total, more than 14 grams but less than 28 grams is a first-degree felony with a 3-year mandatory minimum prison sentence and $50,000 fine. Similarly, 28 to 50 grams will result in a 7-year sentence, while 50 to 200 grams carries a 15-year minimum sentence.
Consulting an Attorney for the Opioid Law in Florida
The opioid epidemic affects the entire country. The opioid law in Florida is in place to mitigate, or at least reduce, the occurrence of addiction, and it is important to stay informed of changes in legislation. The average person is not always aware that merely possessing small amounts of these pills can lead to very serious consequences, including long mandatory prison sentences.
If you have an old prescription or a family member’s prescription that is not being used it can be properly disposed of by either taking it to drug take-back sites or throwing it in the trash and, in some cases, flushing it down the toilet. You can find more information on proper disposal from the FDA.
If you are facing charges for breaking the opioid law in Florida, an experienced criminal defense attorney can help. Whether it’s answering questions or representing you in court, Gainesville attorneys at Avera & Smith are ready to defend your rights. Contact us, or request a free consultation.