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Possession of Xanax in Florida

Xanax is the trade name for Alprazolam, which is listed as a Schedule IV drug in Florida. And it is a Third Degree Felony to possess any amount of Xanax (even one pill) without a prescription.

And because of the serious consequences for such a simple crime, it is important to know the:

Penalties for Xanax Possession

If convicted of possession of Xanax, you could receive any combination of the following penalties:

  • Five years of probation,
  • Five years in prison, or
  • A fine of up to a $5,000.

Driver's License Suspension

Pursuant to Florida Statute 322.055, any person convicted of Possession of Xanax will have their driver’s license or driving privilege revoked for two years 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.

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. [3]

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. [4]

Valid 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 your 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. [4]

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 Criminal Defense Lawyer Richard Hornsby today.

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

References

  1. GG v. State, 84 So. 3d 1162 (Fla. 2nd DCA 2012)
  2. Smith v. State, 123 So. 3d 656, 658 (Fla. 2d DCA 2013)
  3. Florida Statute 893.101
  4. Florida Statute 893.21
  5. Florida Statute 893.13(6)(a)