Florida Statute 326.56 does not pertain to prescription drugs; instead, it is known as the “Yacht and Ship Brokers’ Act,” regulating the sale and brokerage of yachts and ships. Florida regulates the sale, purchase, and possession of prescription drugs outside of legal channels under Statutes 499.03 and 893.13. These laws control the distribution and use of pharmaceutical substances.
What the Statute Addresses
Florida Statutes 499.03 and 893.13 target the illicit handling of prescription drugs, including controlled substances and other medications. Statute 499.03 addresses “habit-forming, toxic, harmful, or new drugs” and “prescription drugs” generally, focusing on possession without a valid prescription. This includes drugs like certain antibiotics or blood pressure medications if obtained without proper authorization.
Florida Statute 893.13, part of the Florida Controlled Substances Act, details offenses related to controlled substances, including many commonly abused prescription drugs. These substances are categorized into five schedules based on their potential for abuse and accepted medical use. For example, Schedule II drugs like hydrocodone and oxycodone have a high potential for abuse but accepted medical use, while Schedule III drugs like anabolic steroids have a lower abuse potential.
Specific Prohibitions and Requirements
Florida Statute 499.03 prohibits possessing, or possessing with intent to sell, dispense, or deliver, any prescription drug unless obtained via a valid prescription from a licensed practitioner. This regulation applies to individuals and non-licensed entities without specific exemptions. Exemptions exist for licensed pharmacists, practitioners, qualified researchers, licensed hospitals, government officers, and those with valid departmental permits.
Florida Statute 893.13 outlines prohibited actions involving controlled substances, including selling, purchasing, manufacturing, delivering, or possessing with intent to sell, manufacture, or deliver. This statute addresses possession of prescription medications without a valid prescription or quantities exceeding their allowance, coupled with intent to distribute illegally. The intent to sell or distribute transforms a simple possession offense into a more serious charge.
Consequences of Non-Compliance
Violating Florida Statute 499.03 for general prescription drug possession without a valid prescription is a second-degree misdemeanor. This offense can result in penalties such as up to 60 days in jail and a $500 fine. However, if possession involves intent to sell, dispense, or deliver, it escalates to a third-degree felony.
For offenses under Florida Statute 893.13 involving controlled substances, penalties vary based on the drug’s schedule and quantity. Possession with intent to sell a controlled substance like Xanax or Valium, even without a prior record, leads to a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The severity of penalties increases for larger quantities, certain drug types, or if the offense occurs near protected areas like schools or childcare facilities.