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Possession of Xanax in Florida

Florida law requires that your driver license be suspended for two years upon conviction.

In Florida, Xanax, the trade name for Alprazolam, is a Schedule IV controlled substance and it is a Third Degree Felony to possess any amount of Xanax without a prescription.

As a Schedule IV controlled substance, Xanax is considered to have a low potential for abuse and is currently accepted for medical use in treatment in Florida and the United States.

Penalties for Xanax Possession

In Florida, the crime of Possession of Xanax is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Possession of Xanax is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Possession of Xanax to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

Driver License Suspension

Pursuant to Florida Statute 322.055, any person convicted of Possession of Xanax will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV.

Defenses to Xanax Possession

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific or common defenses to the crime of Possession of Xanax are:

Constructive Possession

If the Xanax was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Possession of Xanax: [1]

  1. Knowledge of the Xanax’s presence; and
  2. Dominion and control over the Xanax, which means more than the mere ability to reach out and touch the Xanax. [2]

Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Possession of Xanax.

Scenario 1: You were stopped while driving a friend’s car and police find Xanax in the glove box, they would be unable to convict you of Possession of Xanax unless they had some proof that you knew the Xanax was present.
Scenario 2: You were driving your car, had a friend with you, and your friend takes a bag of Xanax and places it at his feet. The police then stop you, see your friend’s bag, and arrest both of you. They should be unable to convict you of Possession of Xanax because even though you knew the Xanax was present, your friend is the only person who exercised dominion and control over it.

Expired Prescription Drugs

Contrary to popular opinion, it is not illegal to possess expired alprazolam as long it was originally prescribed to you.

All the expiration date reflects is the final day that the manufacturer guarantees the full potency and safety of a medication. [3]

However, studies have shown that most prescription and over-the-counter drugs are perfectly good to use up to 15 years after the expiration date. [4]

Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Lack of Knowledge

It is an affirmative defense to the crime of Possession of Xanax if you can prove that you did not know the substance in your possession was Xanax. Importantly, this defense requires you to testify to your lack of knowledge of the substance’s illegal nature. [5]

It is an affirmative defense to the charge of Possession of Xanax for a person to briefly possess Xanax without a prescription for the sole purpose of legally disposing of it. [6]

In order to raise a legal disposal defense, the Xanax must have been acquired without an unlawful intent, possessed for a brief period of time, solely for the purpose of disposing of the Xanax without delay.

Overdose Defense

Any person who is experiencing a drug-related overdose and needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for Possession of Xanax if it can be shown the evidence was obtained as a result of the overdose and need for medical assistance. [7]

Prescription Defense

While it seems obvious, many people are arrested for Possession of Xanax when they are unable to produce a valid prescription or a recently dispensed pill bottle. These arrests usually occur when law enforcement have stopped you for suspicious behavior and discover the Xanax in an unconventional container.

However, if either a valid Xanax prescription can be produced that pre-dated the arrest or a doctor executes a letter that they dispensed a sample amount, you will have an absolute defense to the Xanax charge. [8]

Importantly, the Prescription Defense is not only available to the Xanax prescription holder but also any individual authorized by the Xanax prescription holder to hold the medications on his or her behalf. [9]

Temporary Possession

The defense of temporary possession can be raised where a person takes momentary, temporary, or transitory possession of Xanax from the true owner. Under such circumstances, the person is not considered to be in legal possession of the Xanax because the person never exercised complete dominion and control over the Xanax. [10]

Examples of temporary possession are when a person is handed Xanax by the true owner and asked to hide it during a police encounter, such as a traffic stop; when holding Xanax in the presence of a drug dealer for the sole purpose of verifying or testing the Xanax prior to purchasing it; or when passing the Xanax from the owner to a third person.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been charged or arrested with the crime of Possession of Xanax in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

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