Being a Doctor Doesn’t Shield You From Drug Trafficking Laws
When we think of drug trafficking, what mostly comes to mind are images of cartels or street dealers. However, under Florida law, even licensed doctors can face serious drug trafficking charges. Medicine is a highly respected and rewarding career, but it comes with strict regulations. Physicians operate under intense scrutiny primarily because of increased trafficking and the use of prescription drugs. If a doctor’s actions are found to be illegal, this can lead to serious criminal charges. If convicted, this can not only jeopardize their career and reputation but also result in severe penalties, including losing their medical license and even imprisonment.
The Case of Dr. Gonzalez
A case that illustrates this is State v. Gonzalez, in which Dr. Gonzalez was prosecuted for writing prescriptions that were deemed unlawful. Dr. Gonzalez, a licensed physician, was charged with multiple counts of drug trafficking. Twenty of these counts included racketeering, conspiracy to commit racketeering, oxycodone trafficking, and conspiracy to traffic in oxycodone. The state alleged that he knowingly sold or delivered controlled substances through prescriptions that were issued in bad faith, meaning they were not for legitimate medical purposes and fell outside the course of professional practice.
The prosecution argued that Dr. Gonzalez was not just a doctor treating patients but someone who was acting as a drug dealer with a prescription pad. This raised a significant legal question: Should he be charged under the general drug trafficking statute, or should his actions be governed solely by the more specific law that applies to prescribing practitioners?
As a result, the doctor moved to dismiss twenty of the counts, arguing that his conduct should be governed by Section 893.13(8), Florida Statutes (2009). Per the provisions of this statute, he claimed that because this law was designed for medical professionals, misconduct by prescribing practitioners, such as writing unlawful prescriptions, should not be charged under the broader drug trafficking statute (Section 893.135), which applies to dealers and traffickers. The trial court agreed with him and dismissed the charges. The court ruled that since there was a specific law addressing doctors who improperly prescribe drugs, the state could not charge him under the general drug trafficking law.
However, the appellate court maintained that prescribing practitioners could be charged with drug trafficking under section 893.135. It, therefore, reinstated the drug trafficking charges against the doctor, holding that Florida’s drug trafficking laws apply to all individuals, regardless of profession. The court pointed out that Section 893.135(1) explicitly states that it applies “notwithstanding the provisions of s. 893.13.”
This case demonstrates that doctors who abuse their prescribing privileges can be held to the same legal standards as street-level drug dealers. Additionally, it serves as a warning to medical professionals that the law does not distinguish between a traditional drug dealer and a doctor who unlawfully supplies controlled substances. It is also notable that when two laws apply to the same conduct, prosecutors can charge the defendant under the more severe statute. In the Gonzalez case, the prosecutors chose to charge the doctor under Section 893.135, which carries harsher penalties.
Call an Orlando Drug Trafficking Lawyer Today
If you or someone you know is facing drug trafficking charges in Florida, contact our experienced Orlando drug trafficking lawyer at Joshi Law Firm, PA, as soon as possible to explore your options.
Source:
casetext.com/case/state-v-gonzalez-306
