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Possession of Xanax

Alprazolam, often referred to the brand name as Xanax, is a prescription drug used to treat anxiety disorders. The drug is a type of short-acting tranquilizer and provides those struggling with anxiety relief when they are undergoing a panic attack. Although the drug is legal if medically prescribed, possession of it can still result in criminal penalties in Florida.

Xanax, while still a medication, can be used recreationally if the person consuming it isn’t anxious. If this happens, the person who took the drug will likely enter a state of euphoria and “pleasure.” The majority of recreational Xanax users were prescribed the drug by a doctor, and then went on to become addicted once the refills ran out. Although stories like these are tragic in many ways, the state of Florida will still not hesitate to prosecute you if you’re in possession of Xanax illegally. That is why we highly recommend you seek a criminal defense attorney if you’ve been charged with possession of Xanax.

Drug Defense Lawyer for Xanax Charges in Brooksville, FL

Unfortunately, the United States is going through a prescription crisis where patients all over the nation are becoming addicted to their medications. Once they are out of refills, they find themselves out of options and turning to criminal activity. This is also common for people charged with possession of Xanax and if it sounds familiar to you, we urge you to search for quality legal representation such as the legal team at The Law Office of Ashley Aulls, P.A..

Ashley Aulls of The Law Office of Ashley Aulls, P.A. has not one, but two decades of experience representing clients facing criminal accusations. He understands what defenses are effective when and how to implement them. To set up your first consultation, call The Law Office of Ashley Aulls, P.A. at (352) 593-4115 today. The Law Office of Ashley Aulls, P.A. accepts clients throughout the greater Hernando County and Brooksville area as well as other communities including Citrus County, Sumter County.

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Is Possession of Xanax Illegal?

Possession of Alprazolam, often referred to as Xanax, is only legal in the state of Florida with a valid prescription by a certified physician. Possessing the drug without said prescription is considered unlawful and will result in criminal penalties. The reason for this is Xanax is considered a Schedule IV controlled substance as it’s used in the medical field but has a high likelihood of addiction after chronic use.

Possessing any substance under the drug penalty groups without authorization is a crime in Florida. A person can also face criminal charges if they obtained the Xanax by:

  • Forging a prescription from a physician
  • Using fraud to obtain a prescription
  • “Doctor shopping” or going to various physicians and misrepresenting facts in order to obtain a prescription

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Xanax Possession Charges

According to the Florida Statutes Section 893.13, it’s illegal to possess a controlled substance unless you’re authorized to do so. Xanax or Alprazolam is included in this if you’re possessing it without a valid prescription. In order to convict, the prosecution will have to prove beyond a reasonable doubt you were in actual or constructive possession of Xanax.

Under Florida law, there are a few differences between actual and constructive possession. Actual possession is when the substance if on your person. For instance, if you were holding Xanax, had it in your pocket, or in your purse—then you’d be in actual possession of the drug.

Constructive possession is a little more complicated, but still applies to these types of cases. The substance is not within “ready reach” and instead is in your possession because the drug is within your dominion or control.  That means it’s either somewhere in your home or in a place you have complete control over. For example, if law enforcement discovered a rented locker in your name with Xanax, then you would be considered in constructive possession of the drug.

The penalty for possession of Xanax in Florida is a third-degree felony, which can result in:

  • Up to 5 years in prison
  • A fine of up to $5,000
  • 5-year probation

In addition to the penalties above, you may have your driver’s license revoked for one year by the Florida DHSMV.


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Possession of Xanax and Intent to Sell

When you’re in possession of a large quantity of drugs, law enforcement may assume you had intent to sell or distribute them. If this occurs, you won’t face a charge for simple possession but rather possession with intent to sell. Other evidence that may cause law enforcement to up your charges to possession with intent is if at the crime scene there’s any of the following:

  • Drug paraphernalia
  • Plastic baggies
  • Plastic to wrap large amounts of drugs in
  • Scales or other measuring devices
  • Large amounts of cash, especially in smaller bills
  • Ledgers with records of drug transactions
  • Evidence people come in and out of the house within minutes
  • Verbal or written statements by you that may be incriminating

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Additional Resources

Xanax Crimes in Florida – Visit the official website for Online Sunshine, which is a collection of all the passed legislation currently in Florida. Access the site to read up more about Florida’s drug laws, penalties for committing these crimes, and what charges pertain to Xanax.

Alprazolam Information | Medline Plus – Visit the official website for MedlinePlus, a service of the National Library of Medicine (NLM). The NLM is currently the world’s largest medical library and is part of the National Institute of Health (NIH). Learn more about Alprazolam or Xanax, what it’s used to treat for, long-term side effects, and more.


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Possession of Xanax Defense Attorney in Hernando County, FL

If you’re in need of legal representation, call The Law Office of Ashley Aulls, P.A.. Ashley Aulls has represented clients accused of all types of drug crimes including possession, possession with intent, drug trafficking, drug manufacturing, and so on. His extensive experience and resources are incredibly valuable and could be the deciding factor in proving your innocence.

Call The Law Office of Ashley Aulls, P.A. today at (352) 593-4115 to set up your first consultation free of charge. The Law Office of Ashley Aulls, P.A. accepts clients throughout the greater Brooksville area including Spring Hill, Bayport, Ridge Manor, Timber Pines, Brookridge, High Point, Pine Island, Inverness, Crystal River, Homosassa, Lecanto, Hernando, Beverly Hills, Citrus Hills, Homosassa Springs, Bushnell, Wildwood, and Webster.


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