Founding Attorney
Being accused of prescription drug fraud can leave you facing uncertainty and stress, and unsure of what comes next. Whether you’re a patient, caregiver, or medical professional, being accused of fraud involving prescription medication is a serious matter. However, in many cases, it may start with a misunderstanding. In this post, we’ll walk through what Florida law considers prescription drug fraud, how charges are applied, where things get murky, and how we help our clients respond.
What Counts as Prescription Drug Fraud?
In Florida, prescription drug fraud refers to obtaining or distributing prescription medications through false or deceptive means. These cases often involve controlled substances, such as opioids, benzodiazepines, or ADHD medications, but even common antibiotics or painkillers can be at the center of a fraud investigation.
Here are some of the most common forms of prescription drug fraud:
- Doctor shopping, or visiting multiple providers to get the same prescription
- Forging or altering prescriptions
- Impersonating a doctor or pharmacist
- Using someone else’s prescription to obtain drugs
- Selling, giving away, or trading your prescribed medication
Both patients and healthcare providers can be charged. Pharmacists, nurses, and even reception staff have been accused of involvement in fraudulent prescription activity.
Charges and Penalties
Prescription drug fraud may be charged under several Florida laws, depending on the facts of the case. The most common include:
- § 893.13 – Prohibits obtaining controlled substances through misrepresentation, fraud, or forgery. Often charged as a third-degree felony, with up to 5 years in prison and $5,000 in fines.
- § 831.30(1) – Applies to forged or altered prescriptions involving non-controlled medications. Usually charged as a second-degree misdemeanor, with a maximum penalty of 60 days in jail and $500 in fines
- § 893.135 – Applies in trafficking cases where large quantities of controlled substances are involved. These carry mandatory minimum sentences and steeper fines, often starting at 15 years in prison.
A conviction under any of these statutes can result in probation, drug treatment requirements, loss of professional licenses, and a permanent criminal record.
Grey Areas: When Mistakes Look Like Crimes
Not every situation is black and white. There are many cases where someone made an honest mistake or simply didn’t know what they were doing was against the law.
For example:
- Picking up medication for a family member without proper documentation
- Misunderstanding a provider’s instructions or a pharmacy’s refill policy
- Language barriers or communication issues between doctor, patient, and pharmacist
Unfortunately, prosecutors may interpret these situations as intentional deception. That’s why it’s important to seek legal advice right away. Even if the police haven’t filed charges yet, your words and actions now could shape your case down the line.
Common Defense Strategies
Every case is different, and we tailor our defense to the facts and context of your situation. When you work with us, we’ll examine what really happened and whether law enforcement overstepped or jumped to conclusions.
Here are a few defense approaches we might explore:
- Lack of intent to commit fraud
- Entrapment or improper law enforcement conduct
- Valid medical explanation or provider authorization
- Clerical or communication errors by the pharmacy or healthcare staff
If this is your first offense, we may also be able to pursue options that can help you avoid a permanent conviction, such as diversion programs or drug court.
What Happens If You’re Convicted?
A prescription drug fraud conviction can follow you long after you’ve served your sentence. Beyond jail time and fines, it may impact:
- Your job, especially if you work in medicine, education, or transportation
- Your medical access, limiting future prescriptions
- Your immigration status, if you’re not a U.S. citizen
- Your family, particularly in custody or guardianship matters
You may also encounter issues with background checks when applying for housing or loans. That’s why acting early matters. In many cases, we can negotiate reduced charges or get them dropped before they ever reach a courtroom.
FAQ: Florida Prescription Drug Fraud
Can I be charged if I didn’t know I was breaking the law?
Yes, but lack of intent may support a strong defense.
What if I picked up someone else’s prescription?
It depends on the circumstances. We’ll review whether there was consent and proper authorization.
Can doctors be charged with prescription drug fraud?
Yes. Healthcare providers can face charges if they prescribe medications without a legitimate medical reason.
Is prescription fraud a felony in Florida?
Often, yes, especially when controlled substances are involved. But in some cases, like forged prescriptions for non-controlled medications, they may be charged as misdemeanors.
Take Action Sooner, Not Later
Prescription drug fraud is a serious charge, but it’s not the end of the road. At Van Elswyk Law, we help clients understand their options, challenge weak evidence, and move forward with a strong defense. If you’ve been accused, or think you might be, don’t wait for things to get worse—contact us today. We’re here to help you protect your rights and your future.