<![CDATA[Drug Trafficking - Law Offices of W.F. "Casey" Ebsary Jr.]]> https://www.drug2go.com/blog/tags/drug-trafficking/ Wed, 29 Apr 2026 20:33:48 GMT en-us <![CDATA[Tampa Drug Crimes Defense: The “Knowledge” Requirement]]> https://www.drug2go.com/blog/tampa-drug-crimes-defense-the-knowledge-requirement/ https://www.drug2go.com/blog/tampa-drug-crimes-defense-the-knowledge-requirement/ Fri, 27 Mar 2026 21:13:58 GMT If you are facing charges for drug conspiracy or possession with intent to distribute, the most critical element of the government’s case is often the one hardest to prove: Knowledge. In the federal system, and specifically within the jurisdiction of the 11th Circuit (which covers Florida), simply being near drugs or even transporting them is not enough to prove a crime.

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Tampa Drug Crimes Defense – If you are facing charges for drug conspiracy or possession with intent to distribute, the most critical element of the government’s case is often the one hardest to prove: Knowledge. In the federal system, and specifically within the jurisdiction of the 11th Circuit (which covers Florida), simply being near drugs or even transporting them is not enough to prove a crime.

Tampa Drug Crimes Defense

The Landmark Case: United States v. Terry Pierre Louis – Tampa Drug Crimes Defense

The case of United States v. Louis, 861 F.3d 1330 (11th Cir. 2017), remains one of the most significant victories for the defense regarding the “Knowledge” element in drug trafficking cases. It serves as a shield in Tampa Drug Crimes Defense for individuals who are present during a crime but have no specific knowledge that controlled substances are involved.

FAQ
FAQ

Frequently Asked Tampa Drug Crimes Defense Questions: Drug Conspiracy and the Element of Knowledge

What did the court decide in the Terry Pierre Louis case regarding drug knowledge?

The Eleventh Circuit Court of Appeals reversed the conviction of Terry Pierre Louis because the government failed to prove he knew the boxes in his car contained a controlled substance. While the government showed Louis was present and even fled from the police, the court held that these facts only proved he knew he was involved in something “criminal,” not specifically a drug crime. Under 21 U.S.C. § 841, the government must prove the defendant knew the specific nature of the contraband was a controlled substance to sustain a conviction.

How does the “Prudent Smuggler” or “Entrustment” theory work in Florida drug cases?

The government often argues that a “prudent smuggler” would never entrust a high value of narcotics—in this case, 111 bricks of cocaine—to someone who didn’t know they were there. Prosecutors use this to imply that if you are in possession of a large quantity of drugs, you must have been “entrusted” with that knowledge because the cargo is too valuable to risk on an innocent person. However, in Louis, the court rejected this theory because the defendant was only in the car briefly and was never left alone with the boxes, meaning the “entrustment” was insufficient to prove knowledge.

Does running from the police prove that I am guilty of a drug conspiracy?

While flight is often admitted in court as “evidence of consciousness of guilt,” it does not automatically prove the specific elements of a drug charge. In the Louis case, the defendant exited the car and ran when unmarked law enforcement vehicles approached with lights and sirens. The 11th Circuit acknowledged that while this flight suggested Louis knew he was doing something illegal, it was not enough to prove beyond a reasonable doubt that he knew the illegal activity involved controlled substances specifically.

What is the difference between “mere presence” and “conspiracy” in a drug case?

“Mere presence” at the scene of a crime or simple association with people committing a crime is not enough to support a conspiracy conviction under federal law. To prove a conspiracy, the government must show there was an agreement to violate drug laws and that the defendant knew of the agreement and voluntarily joined it. If you were simply asked to drive a car or move boxes without being told what was inside them, your “presence” does not equate to a legal “conspiracy” to distribute drugs in a Tampa Drug Crimes Defense.

Why is the distinction between “contraband” and “controlled substances” important?

The law requires the government to prove a defendant knew they were dealing with a “controlled substance” rather than just generic “contraband” like untaxed cigarettes or stolen electronics. In the Louis case, the court emphasized that precedent requires proof that the defendant knew the boxes contained a drug regulated by the government. Without evidence that the defendant was told what was in the boxes or saw the contents, the government cannot meet its burden of proof for a violation of the Controlled Substances Act.

Understanding the Burden of Proof in a Tampa Drug Crimes Defense: Knowledge Requirement

The following table illustrates the gap between what the government suspects and what the government must prove in a Tampa drug trafficking case based on the Louis decision.

Government EvidenceLegal Interpretation in LouisVerdict Impact
Defendant drove the carMere presence/transportationInsufficient
111 Bricks of Cocaine foundHigh value cargo (Entrustment)Insufficient
Defendant fled the sceneGeneral consciousness of guiltInsufficient
Lack of specific drug talkNo proof of knowledge of contentsConviction Reversed

Federal vs. Florida State Drug Laws

Whether your case is in the Middle District of Florida (Federal) or a Hillsborough County courtroom (State), the “Knowledge” element is a cornerstone of your defense.

For more information on the specific penalties associated with these charges, you can visit the Official Website of the Florida Legislature.

The Role of a Board Certified Criminal Trial Lawyer

When the government relies on theories like “entrustment” or “guilt by association,” you need an attorney who understands how to apply appellate decisions like United States v. Louis to your specific facts. I have spent my career dismantling the government’s assumptions and holding them to the highest standard of proof.

If you have been charged based on “mere presence” or find yourself accused of a conspiracy you didn’t know existed, you need a defense built on local experience and national precedent.

Why the “Louis” Drug Case Matters to You

The Louis decision is a reminder that the system is designed to protect the innocent from being swept up in broad law enforcement stings. In that case, Customs and Border Protection had watched a vessel for four days, found nothing, and eventually arrested a man who was simply doing his job moving boxes for his employer.

Because the government could not provide a single witness to say they told Louis there were drugs in those boxes, and because there was no “wiretap” evidence showing he discussed cocaine, his conviction could not stand. We use these same strategies to protect our clients today.

If you are under investigation by the DEA, FBI, or local Hillsborough County Sheriff’s Office, do not wait for the government to build their case. Reach out to a lawyer who knows how to fight drug conspiracy charges.

Law Office of W.F. “Casey” Ebsary, Jr.

2102 W Cleveland St

Tampa, Florida 33606

Call: (813) 222-2220

Tampa Drug Crimes Defense
Tampa Drug Crimes Defense

Full Text of the Opinion: United States v. Terry Pierre Louis

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TERRY PIERRE LOUIS, Defendant-Appellant.

No. 16-11349 | July 10, 2017

United States Court of Appeals, Eleventh Circuit.

Appeal from the United States District Court for the Southern District of Florida. Before TJOFLAT and WILSON, Circuit Judges, and ROBRENO, District Judge.

WILSON, Circuit Judge:

Terry Pierre Louis appeals his convictions for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Louis argues that the evidence was insufficient to support his convictions because the government failed to prove he knew the boxes placed in his car contained a controlled substance. After thorough review, and with the benefit of oral argument, we agree. Because a reasonable jury could not find that Louis had the requisite knowledge based on the evidence presented at trial, we reverse his convictions.

I. BACKGROUND

In April 2015, Customs and Border Protection (CBP) received a tip that the M/V Sea Hauler, a coastal freighter that exports goods from Miami to Haiti, was returning to Miami carrying narcotics. When the ship arrived, CBP agents boarded and searched it for four days but found no narcotics. During this time, the crew remained on the ship. Louis, an employee of the ship’s owner, helped provide food to the confined crew.

Following the unsuccessful search, agents set up surveillance. An agent saw a deck watchman carry two large cardboard boxes from inside the ship. Later, a forklift moved the boxes off the freighter. The ship’s owner then directed a car—driven by Louis—to park near the boxes. The owner opened the passenger rear door, and two men loaded the boxes inside. Louis began driving slowly toward the front of the shipyard while the owner walked alongside.

As the car exited the shipyard, unmarked law enforcement vehicles moved in with sirens and lights. Louis stopped the car, jumped out, and fled. He was quickly apprehended. Inside the car, the boxes were found to contain 111 bricks of cocaine.

II. DISCUSSION

To support a conviction for conspiracy to distribute or possession with intent to distribute, the government must prove the defendant knew the substance involved was a controlled substance. United States v. Ohayon, 483 F.3d 1281, 1293 (11th Cir. 2007).

The government argues that Louis’s flight and his presence during the loading of the boxes prove his knowledge. We disagree. While flight and presence are evidence of “consciousness of guilt,” they do not prove that a defendant knew he was involved in a drug crime as opposed to some other illegal activity, such as transporting stolen goods or un-manifested cargo.

We also reject the government’s “entrustment” theory. The government argued that because the cocaine was worth millions of dollars, a “prudent smuggler” would not entrust it to an innocent driver. However, the evidence showed Louis was in the car with the boxes for only a very short time and was never left alone with them. Under these facts, the inference of knowledge from the value of the drugs is too speculative to support a conviction beyond a reasonable doubt.

Because the government offered no evidence that Louis saw the contents of the boxes, heard any conversations about drugs, or was told what he was transporting, the evidence is insufficient.

REVERSED.

Visit our About Page for more information on our firm’s history of defending high-stakes drug cases.

]]> <![CDATA[Prescription Drug Defense in Hillsborough County, Florida]]> https://www.drug2go.com/blog/prescription-drug-defense-in-hillsborough-county-florida/ https://www.drug2go.com/blog/prescription-drug-defense-in-hillsborough-county-florida/ Mon, 20 Nov 2023 14:13:19 GMT Prescription Drug Trafficking Case Dismissed: Valid Prescription Introduction Let us help you 813.222.2220 Prescription Drug Charges – Are you or someone you know facing drug trafficking charges in Hillsborough County, Florida? The recent dismissal of drug trafficking charges against Prescription Drug Defense Trafficking Florida offers hope in a critical aspect of defense—valid prescription defense. This…

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Introduction

Prescription Drug charges – Learn about the Withholding Information From Medical Practitioner Statute and its impact on drug trafficking charges.

Let us help you 813.222.2220

Prescription Drug Charges – Are you or someone you know facing drug trafficking charges in Hillsborough County, Florida? The recent dismissal of drug trafficking charges against Prescription Drug Defense Trafficking Florida offers hope in a critical aspect of defense—valid prescription defense. This comprehensive guide explores the Withholding Information From Medical Practitioner Case, shedding light on the intricacies of Florida Statute 893.13.7A8, a felony charge for obtaining drugs from a physician by withholding information. Additionally, we delve into the broader implications of the court’s ruling and its impact on drug trafficking charges. Read on to understand the significance of this case and how it can shape legal strategies in defending against drug-related accusations.

Statute Excerpt

Florida Statute: 893.13.7A8
Level: Fel (Felony)
Degree: 3rd
Description: Obtaining Drugs From Physician By Withholding

DRUG9892 is often charged in Hillsborough County, Florida.

893.13 Prohibited acts; penalties.

8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

Drug Trafficking Prescription Drug Charges

Drug trafficking charges are among the most serious offenses one can face in the realm of drug-related crimes. In Florida, these charges carry severe penalties, often including lengthy prison sentences and hefty fines. The Withholding Information From Medical Practitioner Case serves as an illustrative example of how legal intricacies, especially related to valid prescription defenses, can play a pivotal role in the dismissal of such charges.

In general terms, drug trafficking involves the illegal sale, transportation, import, or distribution of controlled substances. The severity of the charges typically depends on factors such as the type and quantity of the drugs involved. Florida law categorizes drug trafficking as a felony offense, with varying degrees of severity, each associated with different penalties.

“Whether an individual has actually withheld information in violation of the statute depends on whether s/he requested a controlled substance and failed to disclose the fact that s/he received a drug of like therapeutic use within the previous thirty days. In other words, the statute requires that an individual affirmatively requesting a substance provide information to the practitioner.”

Florida State Drug Trafficking Charges:

In the state of Florida, drug trafficking is a serious offense governed by stringent laws. The severity of the charges often depends on various factors, including the type and quantity of controlled substances involved. Florida Statute 893.135 outlines the state’s approach to drug trafficking, categorizing offenses based on the type of substance and the quantity in possession.

Florida classifies drug trafficking as a felony, with potential penalties ranging from substantial fines to mandatory minimum prison sentences. The exact consequences depend on the specific substance and the amount trafficked. For instance, trafficking in opioids such as heroin or fentanyl may lead to more severe penalties compared to other controlled substances.

One key element of drug trafficking charges in Florida is the presence of mandatory minimum sentences. Judges are bound by these minimums, meaning that if an individual is convicted of drug trafficking, the court must impose a sentence that meets or exceeds these statutory minimums. This rigidity underscores the seriousness with which Florida addresses drug trafficking offenses.

Federal Middle District of Florida Drug Prescription Drug Trafficking Charges:

When drug trafficking charges escalate to the federal level, the legal landscape becomes even more complex. The Federal Middle District of Florida, encompassing cities like Tampa and Orlando, falls under the jurisdiction of the United States District Court for the Middle District of Florida.

Federal drug trafficking charges typically involve violations of the Controlled Substances Act. The federal government has substantial resources and authority to prosecute these cases, often leading to more severe penalties than those imposed at the state level.

The Federal Middle District of Florida handles a wide array of drug trafficking cases, ranging from cocaine and heroin to prescription medications and synthetic drugs. Federal prosecutors have broad discretion in pursuing charges based on factors such as the quantity of drugs involved, the presence of firearms, and whether the alleged trafficking occurred near schools or other protected areas.

Federal sentences for drug trafficking convictions can be harsh, with the potential for lengthy prison terms and substantial fines. Cooperation with federal agencies, such as the Drug Enforcement Administration (DEA), may also play a role in the outcome of these cases.

Defense Strategies for Drug Trafficking Charges:

Facing drug trafficking charges in either the state or federal jurisdiction necessitates a robust defense strategy. Consulting with an experienced criminal defense attorney, like Casey the Lawyer, is crucial. Defense strategies may include challenging the legality of searches and seizures, questioning the admissibility of evidence, and exploring potential violations of constitutional rights.

Additionally, for federal cases, negotiation and cooperation with federal prosecutors may lead to reduced charges or more favorable plea deals. The expertise of a seasoned attorney becomes invaluable in navigating the complexities of both state and federal legal systems.

In conclusion, drug trafficking charges in Florida, whether at the state or federal level, demand a comprehensive understanding of the law and a strategic defense approach. Seeking immediate legal counsel is essential for individuals facing these serious allegations. Casey the Lawyer, with a focus on drug defense, provides the expertise needed to navigate the intricate legal terrain and build a robust defense tailored to the specific circumstances of each case. If you or someone you know is confronting drug trafficking charges, don’t hesitate to contact Casey the Lawyer at 813-222-2220 for a consultation.

Let us help you 813.222.2220

Implications of Court’s Ruling on Drug Trafficking Charges

The Withholding Information From Medical Practitioner Case not only addressed the specifics of the statute but also had profound implications for drug trafficking charges. By emphasizing the necessity for individuals to affirmatively request a controlled substance and provide information to the practitioner about prior prescriptions, the court’s ruling highlighted the importance of a valid prescription defense.

In cases where individuals possess valid prescriptions issued by licensed practitioners, such as in the instance of Jeremy Knipp, the court’s decision strengthens the grounds for invoking a valid prescription defense against drug trafficking charges. This legal precedent reinforces the notion that individuals with legitimate medical needs should not face severe consequences if they have adhered to proper medical protocols and possess valid prescriptions for controlled substances.

Valid Prescription Defense

Valid prescriptions are typically issued by licensed medical practitioners, such as physicians or other authorized healthcare professionals. These documents outline the type, dosage, and duration of the prescribed medication.

The possession of a valid prescription is particularly relevant in scenarios where individuals are accused of unlawfully possessing or obtaining controlled substances. It establishes a lawful basis for the individual’s access to certain medications and provides a legitimate reason for their presence.

Prescription Defense in Drug Possession Cases:

In drug possession cases, having a valid prescription can serve as a potent defense strategy. When individuals can demonstrate that they are in lawful possession of a controlled substance due to a valid prescription, it challenges the prosecution’s assertion of illegal possession. This defense strategy is especially effective when the prosecution cannot contest the authenticity of the prescription or when the prescription is for the same substance allegedly possessed.

For example, if an individual is charged with unlawfully possessing a prescription painkiller, presenting a valid prescription for that specific medication can be a compelling defense. It shifts the burden to the prosecution to prove that the possession was, indeed, unlawful.

Valid Prescription Defense in Drug Trafficking Cases:

In more serious cases, such as drug trafficking charges, the possession of valid prescriptions can be equally impactful. While drug trafficking often involves the illegal distribution or transportation of controlled substances, the existence of valid prescriptions can challenge the prosecution’s argument that the accused individuals were engaged in illicit activities.

In jurisdictions where statutes require individuals to disclose previous prescriptions when seeking similar medications, possessing valid prescriptions becomes not only a defense but a proactive legal practice. It aligns with legal obligations to inform healthcare providers about existing prescriptions and can be crucial in defending against charges related to withholding information from medical practitioners.

Navigating the complexities of drug-related charges and presenting a robust prescription defense requires the expertise of a seasoned attorney. Legal professionals, such as Casey the Lawyer, understand the intricacies of drug laws and can strategically leverage valid prescriptions to build a compelling defense.

Whether at the state or federal level, consulting with an attorney early in the legal process is essential. Legal professionals can assess the specifics of the case, scrutinize the validity of prescriptions, and craft a defense strategy tailored to the unique circumstances of each client.

In conclusion, possessing valid prescriptions is a powerful legal tool that can significantly impact the outcome of drug-related cases. It not only serves as a defense against allegations of unlawful possession but also plays a vital role in challenging more severe charges like drug trafficking. If you or someone you know is facing drug-related charges, contact Casey the Lawyer at 813-222-2220 for expert legal guidance and a thorough evaluation of your case.

Let us help you 813.222.2220

Navigating Drug Trafficking Charges

Navigating drug trafficking charges demands strategic legal expertise, especially in jurisdictions with stringent drug laws like Florida. Casey the Lawyer, based at Drug2go.com, brings a wealth of experience in handling complex drug-related cases, including those involving drug trafficking allegations. Understanding the nuances of statutes such as Florida Statute 893.13.7A8 and the implications of recent court rulings is essential for building a robust defense strategy.

Casey the Lawyer’s approach involves a meticulous examination of the details surrounding the charges. This includes assessing the type and quantity of the alleged controlled substances, the circumstances of the arrest, and, crucially, whether the accused individuals possess valid prescriptions for the substances in question. Leveraging legal precedents, including the Withholding Information From Medical Practitioner Case, Casey aims to secure favorable outcomes for clients facing drug trafficking charges.

Florida Drug Trafficking Minimum Mandatory Sentences

When it comes to drug trafficking charges in Florida, the state imposes minimum mandatory sentences that judges must adhere to when determining the penalties for convicted individuals. These mandatory minimums are often stringent, reflecting the severity with which the state treats drug trafficking offenses. The minimum mandatory sentences vary based on factors such as the type and quantity of the controlled substances involved in the trafficking.

For example, in Florida, trafficking in opioids like heroin may result in minimum mandatory sentences ranging from three years to life imprisonment, depending on the quantity. The minimum mandatory sentences escalate significantly for larger quantities, and individuals convicted of drug trafficking may also face substantial fines.

Dismissal of Drug Trafficking Charges

The dismissal of drug trafficking charges is a rare but impactful outcome that underscores the importance of a robust defense strategy. In cases like the Withholding Information From Medical Practitioner Case, the court’s careful examination of the statute and the defendant’s circumstances led to the dismissal of charges. This outcome is often achieved when the defense successfully presents evidence supporting a valid prescription defense or highlights procedural errors in the prosecution’s case.

To secure a dismissal of drug trafficking charges, it’s crucial to collaborate with an experienced attorney who can navigate the complexities of drug-related cases. Casey the Lawyer, with a proven track record in drug defense, understands the nuances of Florida drug laws and leverages legal precedents to build a compelling defense. Whether challenging the admissibility of evidence, questioning the legality of the arrest, or presenting a solid prescription defense, strategic legal maneuvers are essential to achieving favorable outcomes.

Prescription Drug Charges Conclusion

The dismissal of drug trafficking charges in the Withholding Information From Medical Practitioner Case underscores the paramount importance of a valid prescription defense. If you or someone you know is grappling with drug-related charges, especially drug trafficking allegations, it’s crucial to seek legal counsel promptly. Contact Casey, the experienced Hillsborough Drug Attorney, at 813-222-2220 for a consultation. Don’t let drug charges jeopardize your future—take action today to secure a robust defense.

Let us help you 813.222.2220

Prescription Drug Defense Trafficking Floridapdf

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]]> <![CDATA[Drug Trafficking by the Numbers – 9 Facts – Federal Statistics]]> https://www.drug2go.com/blog/drug-trafficking-by-the-numbers-9-facts-federal-statistics/ https://www.drug2go.com/blog/drug-trafficking-by-the-numbers-9-facts-federal-statistics/ Tue, 20 May 2014 20:15:00 GMT How and why do we lead the world in per capita number of people in prison? The war on citizens, also known as the war on drugs continues in United States District Courts across the country. The presumptive punishment for almost every drug trafficking case is incarceration. The numbers are in for the most recent…

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Drug Trafficking

How and why do we lead the world in per capita number of people in prison?

The war on citizens, also known as the war on drugs continues in United States District Courts across the country. The presumptive punishment for almost every drug trafficking case is incarceration. The numbers are in for the most recent period. Nothing has changed. If there is a drug trafficking conviction in Federal Court, 96.3 percent of the time, the defendant lands in prison for an average of 72 months. Below is a breakdown of the data we just reviewed.

  • Most drug trafficking offenders were sentenced to imprisonment (96.3%).
  • More than three-quarters of drug traffickers were sentenced either within the guideline range (39.7%) or below the range at the government’s request (38.5%).
  • An additional 20.7% of drug traffickers received a non-government sponsored below range sentence, with the remaining 1.1% of offenders sentenced above the guideline range.
  • The average sentence length for all drug traffickers was 72 months.
  • The average sentence varied substantially depending on the type of drug trafficked in the offense.
  • 63.7% of all drug trafficking offenders were convicted of an offense carrying a mandatory minimum penalty; however, less than half of these offenders (41.3%) remained subject to that penalty at sentencing.
  • 20.0% provided the government with substantial assistance in the investigation or prosecution of other offenders,
  • 28.5% were eligible for relief through the statutory safety valve provision,
  • 10.2% received both forms of relief.

Source: United States Sentencing Commission 2013.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

]]> <![CDATA[Prescription Drug Trafficking Case Dismissed | Tampa Criminal Defense Expert Notes]]> https://www.drug2go.com/blog/prescription-drug-trafficking-case-dismissed-tampa-criminal-defense-expert-notes/ https://www.drug2go.com/blog/prescription-drug-trafficking-case-dismissed-tampa-criminal-defense-expert-notes/ Fri, 24 Dec 2010 18:38:00 GMT Valid Prescription Defense | Trafficking Florida Criminal Defense Expert and Drug Charge Defense Attorney found a new Withholding Information From Medical Practitioner Case. The court ruled that the Florida a Withholding Information From Medical Practitioner Statute makes it a crime for a person seeking a prescription for a controlled substance not to inform the physician…

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Valid Prescription Defense | Trafficking
Florida Criminal Defense Expert and Drug Charge Defense Attorney found a new Withholding Information From Medical Practitioner Case. The court ruled that the Florida a Withholding Information From Medical Practitioner Statute makes it a crime for a person seeking a prescription for a controlled substance not to inform the physician that the person has already obtained a prescription for the same or similar substance within the last thirty days. The court noted that the Statute did not qualify the withholding of information by requiring an affirmative request for such information. Nevertheless, Drug trafficking were thrown out and dismissed based upon a Prescription Defense. Court found drug trafficking charges should be dismissed where it was an undisputed material fact that the defendants had prescriptions from a licensed practitioner. The complete opinion is available here.

Withholding Information From Medical Practitioner Case Excerpt

“The sole issue below and on appeal is whether the statute requires an individual to volunteer information to the practitioner that he has received a prescription of like therapeutic use within the previous thirty days. Read in its entirety, the statute refers to an individual who “seeks to obtain a controlled substance or a prescription for a controlled substance” and also uses the word “request.” Whether an individual has actually withheld information in violation of the statute depends on whether s/he requested a controlled substance and failed to disclose the fact that s/he received a drug of like therapeutic use within the previous thirty days. In other words, the statute requires that an individual affirmatively requesting a substance provide information to the practitioner.” “As to granting the motions to dismiss on the drug trafficking charges, we also affirm. The State agreed below that both Knipp and Kiser possessed a prescription issued by a licensed practitioner in the normal course of business. Where the State does not dispute these facts, the defendant has successfully raised the valid prescription defense. See O’Hara v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). Therefore, the trial court did not err in granting appellants’ respective motions to dismiss as to the drug trafficking charges.”

JEREMY KNIPP, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Hillsborough Drug Attorney

Statute Excerpt

Florida Statute: 893.13.7A8
Level: Fel (Felony)
Degree: 3rd
Description: Obtaining Drugs From Physician By Withholding

DRUG9892 is often charged in Hillsborough County, Florida.

893.13 Prohibited acts; penalties.

8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

Source: http://drug2go.com/PrescriptionDrugDefenseTrafficking.pdf

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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