One factor that has played a role in the declining popularity of cocaine is that the drug war has reportedly driven cocaine prices up. An already expensive drug, traffickers are now cutting the product and making it less potent. Not only do you have to spend more for cocaine, but what you end up with isn’t as strong as what you would’ve got 20 years ago, for instance.

Another factor is the booming prescription drug trade. Using prescription drugs for a recreational high has become far more popular over the years. Although prescriptions can be expensive as well, they are often easier to obtain and potentially less dangerous than buying on the black market from a street corner dealer.

According to the Miami Herald the number of people seeking treatment for cocaine addiction and the number of people being admitted to emergency rooms for cocaine overdoses have both dropped dramatically.

In 2010, 549 addicts sought out treatment for their problems with cocaine and crack-cocaine. The year before that number was 918, signifying a 41% drop. From 2008 to 2009, the number of emergency room admittances for cocaine overdoses dropped 14%. Some of this is also due to less potent product though; if the cocaine isn’t pure you will have fewer people accidentally overdosing.

There were over 9,000 drug related deaths last year in the state. 6,090 of these deaths were attributed to prescription drugs, an increase of 50%.  So while some could say the drug war has caused a decline in the use of cocaine, you could also argue that decline was traded for an increase in prescription drug deaths, signaling that users don’t stop using because of the threat of crime or because of increased enforcement at any level, but rather they switch to less expensive and less risky substances instead.

Regardless of the substance, however, you will face criminal drug charges and those charges will have the potential to send you to prison. Having an advocate on your side offers some level of confidence as you face the charges and the potentially life changing consequences they carry.

Whether you are accused of possessing cocaine or dealing prescription drugs, we can help with your legal defense. Contact us today for a free consultation on your case.

As of yet, there are no entries into the database because doctors and pharmacists have two weeks to comply and get information entered. But the system will eventually be populated with all prescriptions filed and filled within the state.

Though the program initially passed in 2009, it lacked funding and was initially covered by federal grants and private contributions. Additional funding passed the legislature this past spring (as blogged here), but Governor Scott expressed concerns about the bill.

While he was initially expected to approve the funding for the program, Scott made last ditch efforts to kill the program because of his concern over “privacy issues”, something other states with similar programs say has never been a problem. Opposition from the Attorney General and numerous other lawmakers prevented his effort as the program took shape.

The program is designed to fight the booming pill mill industry in the state. Florida has seen the prescription drug trade become a huge problem in recent years. Just a few weeks ago, federal authorities charged 32 people with drug trafficking in Florida for their involvement in pill mills responsible for selling more than 20 million oxycodone pills. One physician, involved in the case, was charged by local officials with first degree murder after a patient overdosed.

Authorities hope that the crackdown on pill mills and medical professionals feeding into the prescription drug trade will also assist in the fight against prescription drug sales, addiction, and related deaths.

The illegal prescription drug trade produces unique problems when compared with other controlled substances. Mostly because these drugs can be obtained via legal avenues as much as they can be on the black market. When pill mills exist solely to provide people with these drugs, the addictions have the potential to worsen and the “professionals” working within these clinics become more and more interested with the bottom line.

Prescription drug addiction can be a tough addiction. Many of these drugs are narcotics, powerful and highly addictive. When you are arrested for having an illegal prescription or for selling drugs like this, the costs are high. Depending on your criminal record and the facts of your case, there’s always a chance your defense lawyer could help you avoid jail time.

Contact our attorneys today if you are accused of a crime related to prescription drugs in Florida.

The ruling will put Florida back in line with all other states in regards to mens rea or the requirement that a suspect have a “guilty mind” at the time of the offense. In 2002, Florida lawmakers eliminated this requirement from the law, making ours the only state to not require intent for a conviction.

By eliminating the mens rea requirement, lawmakers essentially allowed people to be charged and convicted of crimes they didn’t know they were committing. The St. Petersburg Times illustrates this, stating a postal worker delivering a package that contained drugs could be convicted of drug trafficking despite their inability to know what it was that they were transporting.

For the past 9 years people have been convicted and sometimes sent to prison for committing drug offenses they did not intend to commit. Now, with the law stricken, thousands of cases are expected to come before the courts again—this time as appeals.

Some are predicting a flood of appeals while others believe the rush won’t be so forceful. Former prosecutor Bob Heyman says the cases where an innocent person is ensnared and convicted without knowledge of the commission of a crime are very rare. “I don’t see a drastic shift in the way cases are investigated or prosecuted or defended.”

This ruling by Judge Scriven is a long time coming. By eliminating the mens rea requirement the Florida legislature essentially turned the burden of proof in drug cases on its head. Instead of requiring the prosecution to prove someone’s intent beyond a reasonable doubt, the defendant had to prove their innocence, something that flies in the face of due process.

The state is expected to appeal Scriven’s ruling but some are hopeful the Legislature will amend and correct the law before that happens. “I think the Legislature must immediately fix the statute,” says one defense lawyer. “This is not a close call. No state has ever done this before. Legally, it’s beyond the pale.”

Because the entire law was ruled unconstitutional, it will be interesting to see how the inevitable appeals play out. In the meantime, courts will have to begin requiring mens rea once again in Florida drug cases.

These grow houses are popping up all over South Florida and can be found in both urban apartment settings and suburban homes. Some are finding they bring less attention to themselves and their operation in more sparsely populated areas like rural Miami Dade County and Palm Beach County.

Why Florida? Well the climate may have something to do with it, say experts. These pot nurseries require lots of light, hot lights. And the air conditioning must be run constantly to cool the lights and avoid fire. In Florida, running the a/c everyday definitely doesn’t raise any red flags.

These hot lights can cause huge spikes in electricity usage. So some growers are stealing their electricity to avoid detection. They may even go so far as to mount cameras on the outside of the grow house and monitor those cameras from a remote location.

The heat from the grow lights and potentially bad wiring puts these growhouses at an elevated risk for fire. Delray Beach Police Sgt. Phil Dorfman called them “ticking time bombs”. A Broward County grow house exploded in February and neighbors described the blast as feeling like a plane crash according to the Sun Sentinel.

Law enforcement agencies in Florida raided 818 houses in 2010. California was second with 791. But the Sun Sentinel reports those numbers could be lower than the actual, as not all agencies report their raids to the DEA. The South Florida High Intensity Drug Trafficking Area program found law enforcement in the area burning 1,000 plants so far in 2011.

Though these newer grow houses have been called “elaborate” and even the police admit they are harder to identify and break down, those 818 houses are those that have been seized, so they are obviously making some progress.

Our state is notorious for its drug trade. From cocaine in the 1980s to the “pill mill” fiascos of recent times, the last thing officials want is to become the homegrown pot capital too. So, you can bet prosecutors and judges will take every growing operation very seriously.

If you are caught growing marijuana, you can face serious criminal charges for sale and trafficking, up to 15 years in prison. Now is not the time to “go it alone”. Contact our lawyers today to discuss your case and what your options may be.

Florida has seen pill mills, or storefront medical centers that disperse dangerous prescriptions drugs with little regulation, pop up like gangbusters over the past several years. Many states in the southeast and Appalachian regions blame Florida’s lack of regulation for their own problems with he prescription drug trade. Traffickers get their goods in Florida where they’re easier to obtain and bring them back to the states where regulations are tighter.

A prescription database was authorized in 2009 legislation but has failed to take shape, as we told you about a few months ago. The latest bill, however, seeks to have the database up and running by August of 2011 by addressing some of the Governor’s concerns about privacy issues (something other states say isn’t an issue at all).

The database will require doctors and pharmacists to report prescriptions within 15 days of issuance. According to the most recent piece of legislation, authorities working on the database will be required to undergo an FBI background check. Also, police will only have access to the list when they are seeking information on a specific case.

The bill’s most significant change is designed to take power away from the often unscrupulous pill mills. It bans doctors from dispensing addictive painkillers directly from their offices or clinics. This is precisely why pill mills made it so easy for addicts and dealers to get their goods—it isn’t unusual for these clinics to provide the drugs without even so much as an examination.

Both the House and Senate passed the measure unanimously and a spokesperson from the governor’s office states that his previous qualms have been satisfied and he will be signing the bill into law.

Despite the ease at which many people have been able to obtain potent prescriptions, whether to feed an addition or treat a true medical problem, the laws penalize people in violation of possession of prescription drugs quite harshly. As a matter of fact, it isn’t outside the realm of possibility that a person with a genuine need for the drugs could get caught up in the system, facing criminal charges.

If you are facing any drug charges related to prescription drugs, you could use the help of an aggressive defense lawyer. Contact our attorneys today to discuss the details of your case and for a free initial consultation.

Currently, one in ten inmates within Florida state prisons is there on a drug offense. In battling the prescription drug trade, in particular, some legislatures believe many of these inmates would be better served if the judge could determine an appropriate sentence, rather than have to be locked into a mandatory minimum as dictated by statute.

A Senate Criminal justice Committee unanimously passed their version of the bill, much to the dismay of opponents including Florida sheriffs and prosecutors, according to the Miami Herald. A milder version of the bill is being tossed around the House as well, though it’s meeting greater opposition there.

The author of SB 1334 states only seven tablets of Vicodin can land someone in prison for three years. And seven tabs is hardly the calling card of a big time trafficker. But despite this, those opposed to repealing the mandatory minimums believe the laws should remain how they are.

Citing deterrence and the pretty simplistic notion that a broken law deserves jail time, the Governor has no desire to change thing. “I’m not interested in reducing sentencing,” he says “I think the sentencing guidelines are correct.”

Conservatives across the country are changing their tune when it comes to criminal justice reform, due in part at least to tight budgets and growing prison costs. But despite such names as Newt Gingrich and Grover Nordquist supporting drastic change, the governor seems committed to his position.

If the bills pass the Legislature, however, it will be interesting to see if Governor Scott’s resolve wavers. After all, as Senator Bogdanoff stated “If you have a bill that goes through the Legislature and has overwhelming support, he has to make a decision as to who’s right, one man or 160 people?”

In the meantime, a possession charge that may be better served with treatment intensive probation will get slapped with a mandatory prison sentence. If you are facing charges like this, you have every right to be concerned. Contact our attorneys today to discuss your case and the options you have.

According to the piece, Governor Rick Scott has proposed the bill that created the program be repealed, and he’s not alone in his desire.

Unfortunately for Florida, the battle here to gain control of the illegal prescription drug trade is known across the country. Thirty-four states have monitoring programs and none of them really “get” what’s holding Florida back from developing the same type of system.

The drug company Purdue Pharma has once again renewed their pledge to give $2 million towards the creation of the monitoring program and more than one million additional dollars has been raised by private donations and grants.

The governor has said patient privacy is an issue, though other states remark that hasn’t been a problem. Some lawmakers who initially voted to pass the bill are now poised in opposition to the program, though it isn’t clear why.

Florida has become recognized as the capital for Pill Mills. It is widely known that our state struggles with prescription drug abuse and prevention and treatment of such abuse. “In 2009, Florida distributed more than a half-billion pills of the widely abused drug oxycodone.” In addition, it’s said that about 7 people die every single day in Florida because of prescription drugs.

Lawmakers are worried the Governor may be successful in repealing the measure, though they stand ready to override his veto if it comes to that. Last week the House Health and Human Services Committee voted 12 to 5 to repeal the program, a possible sign that the repeal will move forward.

For every reason the Governor and other opponents of the system give for its repeal, there is evidence to the contrary. Financial costs, effectiveness, and risk to personal information are all said to be nonissues by those who support the monitoring system. With both sides delivering rational arguments, it’s easy to see why the program has been stalled for the past two years. What isn’t clear is why such a database is having so much difficulty in Florida when other states implemented similar programs with little opposition at all.

The Governor has stated he plans on making penalties for illegal prescription drug activities even more stringent than they are. If you are accused of possessing or selling prescription drugs on the black market, you could face serious consequences. Contact our law offices today for a consultation on your case.

The oxycodone was said to have been distributed in cases where its use was medically unnecessary and the distribution reportedly netted the defendants more than $22 million.

The abuse of oxycodone, a powerful pain-killer has been rising as the rest of the illegal prescription drug trade has also climbed. It’s estimated Florida prescribes ten times more of the drug than any of the other states combined, this according to a U.S. Attorney.

“Pill mills” is the term used to describe pain clinics that are used to distribute the highly controlled and addictive drugs to people who have no medical justification for their use. These pain clinics give a bad name to legitimate pain clinics and serve as a sort of store front for the illegal drug trade.

In South Florida, the presence of such clinics has been climbing over the past several years. Neighbors of one pill mill describe drug addicted “patients” lining up in front of the building early in the morning before they even opened.

The “medical professionals” inside would rely on falsified urine tests and would amplify their interpretations of medical testing to justify the need for such prescriptions. In this way the people addicted to the oxycodone could receive a prescription easily and without the hassle of purchasing their drug on the black market.

Three out of six facing charges are also charged with conspiring to launder illegal profits and an additional 26 counts of money laundering. By law, when the proceeds of a drug enterprise are used to purchase items, those items are subject to seizure by the government. In this case, the government is seeking forfeiture of $22 million in property and cash to include real estate, two Lamborghinis, a trailer park, and 44 vehicles and boats.

The prescription drug trade is big business as these drugs are highly addictive. Although the problem is present in every state, south Florida has been hit particularly hard. By taking down the suppliers of the drug, law enforcement hopes to damage the supply to users.

But a user who gets caught up in the system will face legal penalties like the dealer, though they will be less serious. Seriousness is a matter of perspective, however, and facing criminal charges of any magnitude is serious to the defendant.

If you are facing drug charges in Florida, contact us today to discuss your case.

According to the Miami Herald, the Office of Drug Control reports directly to the Governor and is staffed by four full time employees. The office director states the state will only save $500,000 in cutting the office, though it seems this is only the salaries.

Scott states he will redelegate the duties currently handled by the office to the departments of Health and Law Enforcement.

Getting to the bottom of this move and weighing the necessity of this office is more complex than it appears. People fighting for its retention claim the office had a tremendous impact on funding for new prescription drug monitoring and one lawmaker states the office was crucial in getting that legislation passed in the first place.

With budgets in a squeeze and the failures of the drug war becoming all too apparent across the country, it’s no wonder Scott decided to trim this office who seems to be handling things that law enforcement and health agencies are perfectly capable of handling.

The illegal prescription drug trade is a massive problem and one that definitely deserves ample attention. No one is arguing otherwise. However, having a separate office that seems to duplicate efforts within other departments seems to be an unnecessary addition to the list of state expenses.

One physician who works on a task force to get the new monitoring program implemented states the office is a necessity—that it incorporates the health and legal issues embedded in the prescription drug trade. She states “It’s a complex issue and need an integrated, coordinated solution.”

But, if there is a task force in place, wouldn’t that serve as part of the “integrated, coordinated solution”? With representatives from the health field (like the doctor quoted) and law enforcement agencies at all levels, a task force could provide the cooperative effort needed to join forces of the Health and Law Enforcement departments as Scott suggests.

It isn’t exactly clear what will be missed when the Office of Drug Control is gone, aside from the money saved. What is clear is that no matter where a governor attempts to cut funding, he will be met with resistance.

Facing drug charges can be scary. Criminal penalties are often way out of line with the offense you are accused of—potentially sending you to prison for years for a nonviolent offense. With the attitude held by many, the War on Drugs is alive and well in Florida courtrooms.

If you are facing drug charges, contact our offices today for a free consultation on your case.

Among changes that were to be made was a set of standards for all pain clinics to adhere to. Previously, if they didn’t accept insurance, they weren’t subject to regulations. This legislation would have changed that. It also would have implemented random and unannounced inspections of the clinics.

These pain clinics have become a hub for the prescription drug trade in Florida and across the country as addicts and dealers alike go see a doctor or practitioner and walk out with a prescription for strong narcotics and pain pills.

Dealers often use a group of people posing as patients and may visit several clinics, having each patient get a new prescription for something like Oxycodone or other high powered drugs. These powerful drugs are highly addictive and in serious demand, making it a lucrative practice.

Shady pill mills also see the trade as a money making opportunity. Since they don’t accept insurance, cash only patients provide a steady stream of income for hassle-free prescriptions.

Next in getting these regulations in place is a new cost estimate. If the changes have more than a $1 million impact in the upcoming 5 years, they will have to be ratified by the legislature and won’t likely be heard until next session.

Also in need of funding is the prescription drug database that was scheduled to be put in place this week. There is a current contract dispute and lack of funding because lawmakers ordered the database to run solely on donations.

While all of these changes seek to slow the flow of prescription drugs into the marketplace, what’s been done about the demand? You can only regulate drugs so much when you have people suffering from addiction. They will find a way to get their pills.

Sadly, the only way the demand for prescription drugs is being handled is through the criminal justice process. And while going to jail might cut back on demand for the time being, it isn’t a long term solution as it doesn’t treat the actual addiction problem.

If you are facing drug charges and you have a relatively clean criminal record, there is a chance you could get probation in lieu of jail time. This would open up the opportunity for drug treatment programming if it’s available in your area.

Contact our offices today to discuss your case and for a free consultation. We can talk about your options and what sort of penalties you might be facing.