Your friend threw out their back and is in agony. You have some leftover muscle relaxers from a recent injury. Giving your friend a few pills to tide them over until they can see a doctor seems like the compassionate thing to do.
But this act of kindness is a crime—and the consequences are severe. Florida drug crimes lawyer Dave Simmons has seen well-meaning people charged with felonies for giving their prescription medications to family or friends. Here's what you need to know about Florida's strict prescription drug laws.
It's Illegal to Give Your Prescriptions to Anyone Else
Most people know it's against the law to use someone else's prescription. But few realize it's also illegal to give your own meds to anyone else, even family.
Florida Statute 499.03 states that a prescription drug must be dispensed by a pharmacist to the ultimate consumer only after a valid prescription has been issued. The "ultimate consumer" is the person named on the prescription—not a friend or family member. Unless you're a pharmacist dispensing to the person named on the prescription, giving your medications to others is illegal in Florida.
Giving Away Meds is Distributing a Controlled Substance
Under Florida Statute 893.13, sharing your prescription drugs with someone else is legally considered distributing a controlled substance. Giving or lending your prescription to another person makes you a drug distributor in legal terms.
It doesn't matter if:
- You're giving the drugs away for free, not selling them
- The other person has a prescription for the same medication
- You're giving the drugs to a family member or friend
- You have the best intentions of helping someone in need
No Exceptions, Even in Emergencies
Perhaps your spouse has run out of their blood pressure medication and can't get a refill until Monday. Or your child got stung by a bee, and you give them your EpiPen. Logically, these situations feel very different from street-level drug dealing.
However, Florida law makes no exceptions for emergencies, good intentions, or small quantities when it comes to controlled substances. If you share your prescription, you risk the same charges as a drug trafficker.
Giving Away Prescription Drugs Is a Felony in Florida
Giving your prescription drugs to someone else is a third-degree felony in Florida. Penalties for a first offense can include:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
For certain controlled substances or larger quantities, the charge may be bumped up to a second-degree felony. This carries up to 15 years in prison and $10,000 in fines.
A Conviction Impacts All Areas of Life
A felony conviction can derail your life even after you complete your sentence. With a felony record, you may face:
- Loss of employment or difficulty finding a job
- Ineligibility for student loans, housing assistance, and professional licenses
- Restrictions on where you can live or travel
- Loss of civil rights, such as voting and owning a firearm
- Challenges with child custody and visitation
The stigma and barriers of a felony record can follow you for years, closing off opportunities and causing lasting harm.
Defenses to Prescription Drug Distribution Charges in Florida
Given the severity of the consequences, you need an aggressive legal defense if you're charged with giving away your prescription drugs. Some defenses your Florida drug crimes lawyer may explore include:
- Lack of knowledge. You didn't know that giving away meds was illegal.
- Necessity. The recipient needed the medication to prevent imminent harm.
- Entrapment or duress. Someone coerced you into giving away your meds.
- Rights violations. Your constitutional rights were violated during the investigation.
Every case is unique. An experienced Florida drug crimes lawyer can assess your situation and build a tailored defense strategy.
What to Do If You’re Charged with Sharing Prescriptions
If you're facing charges for giving your prescription drugs to another person, it’s important to:
- Exercise your right to stay silent—don't try to explain your actions to police
- Contact a knowledgeable criminal defense attorney right away
- Avoid discussing your case with anyone besides your attorney
- Do not accept a plea deal without thorough guidance from your lawyer
The stakes are too high to face prescription drug charges on your own. You need a skilled advocate to protect your rights and mount the strongest possible defense.
If you've been charged with illegally giving away your prescription medications, the defense team at the Law Offices of Dave L. Simmons is here to help. We have extensive experience defending clients against prescription drug charges in Florida and will fight tirelessly to achieve the best possible outcome in your case.
