Florida Statutes
Fla. Stat. § 499.03 (2025)
Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.—
(1) A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s. 499.003(32), or prescription drug as defined in s. 499.003(40), unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug. However, this section does not apply to the delivery of such drugs to persons included in any of the classes named in this subsection, or to the agents or employees of such persons, for use in the usual course of their businesses or practices or in the performance of their official duties, as the case may be; nor does this section apply to the possession of such drugs by those persons or their agents or employees for such use:
(a) A licensed pharmacist or any person under the licensed pharmacist’s supervision while acting within the scope of the licensed pharmacist’s practice;
(b) A licensed practitioner authorized by law to prescribe prescription drugs or any person under the licensed practitioner’s supervision while acting within the scope of the licensed practitioner’s practice;
(c) A qualified person who uses prescription drugs for lawful research, teaching, or testing, and not for resale;
(d) A licensed hospital or other institution that procures such drugs for lawful administration or dispensing by practitioners;
(e) An officer or employee of a federal, state, or local government; or
(f) A person that holds a valid permit issued by the department pursuant to this part which authorizes that person to possess prescription drugs.
(2) The possession of a drug under subsection (1) by any person not exempted under this section, which drug is not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to prescribe such drug, is prima facie evidence that such possession is unlawful.
(3) Violation of subsection (1) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that possession with the intent to sell, dispense, or deliver is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) The department may adopt rules regarding persons engaged in lawful teaching, research, or testing who possess prescription drugs and may issue letters of exemption to facilitate the lawful possession of prescription drugs under this section.
History.—s. 34, ch. 82-225; s. 1, ch. 83-265; s. 5, ch. 84-115; s. 75, ch. 87-243; ss. 30, 52, ch. 92-69; s. 37, ch. 98-151; s. 43, ch. 2000-242; s. 14, ch. 2000-326; s. 19, ch. 2001-63; s. 89, ch. 2004-5; s. 22, ch. 2008-207; s. 42, ch. 2010-161; s. 11, ch. 2016-212.
Arrestable Offenses under F.S. 499.03
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§499.03(1)DRUGS-HEALTH OR SAFETYPOSS HARMFUL NEW LEGEND DRUG W/O PRESCRIPTION
§499.03(3)DRUGS-HEALTH OR SAFETYPOSS WIT SELL LEGEND DRUG W/O PRESCRIPTION
Notes of Decisions
Cited in 10
cases, 1993–2019 · leading case: O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007).
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Knipp v. State, 67 So. 3d 376 (Fla. 4th DCA 2011). “In a motion to dismiss, defense counsel argued that the trafficking charges should be dismissed as to each defendant because both Knipp and Kiser possessed a valid prescription for Oxycodone which had been written by a licensed physician, and thus, came within the exclusion…”
Witmer v. Dept. of Bus. & Pro. Reg., 631 So. 2d 338 (Fla. 4th DCA 1994). “69 (reenacted as section 499.03, Florida Statutes (1993)).”
Pennington v. State, 34 So. 3d 151 (Fla. 1st DCA 2010). “§§ 499.03(3), 775.082(4)(b), Fla. Stat. (2005).”
Filppula v. State, 106 So. 3d 45 (Fla. 2d DCA 2013). “Kiefer Filppula entered a plea of nolo contendere to the following crimes: (1) possession of a prescription drug without a prescription in violation of section 499.03, Florida Statutes (2009); (2) possession of cannabis with intent to sell in violation of section 893.”
Gonzalez v. State, 84 So. 3d 362 (Fla. 4th DCA 2012). “Section 499.03(1), Florida Statutes (2009), provides in part: A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019). “It is a defense to the charge of [possession] [trafficking via possession] for a person to possess a controlled substance which [he] [she] lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or…”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2011-05, 141 So. 3d 132 (Fla. 2013). “6(n) AFFIRMATIVE DEFENSE: CONTROLLED SUBSTANCE WAS LAWFULLY OBTAINED FROM A PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03(1), 893.13(6)(a) Fla. Stats. It is a defense to the charge of [possession] [trafficking via possession] for a person to possess a controlled…”
Wright v. State, 617 So. 2d 857 (Fla. 2d DCA 1993). “Assuming Wright’s facts are correct, the more appropriate charge would be possession of a medicinal drug without a prescription, pursuant to section 499.03, Florida Statutes (1991). Since this crime is only a misdemeanor, Wright quite obviously would be prejudiced by the entry…”
State v. Vinci, 146 So. 3d 1255 (Fla. 2d DCA 2014). “See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012); O’Hara v.”
— 499.03(1) — 5 cases
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Gonzalez v. State, 84 So. 3d 362 (Fla. 4th DCA 2012). “Section 499.03(1), Florida Statutes (2009), provides in part: A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019). “It is a defense to the charge of [possession] [trafficking via possession] for a person to possess a controlled substance which [he] [she] lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or…”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2011-05, 141 So. 3d 132 (Fla. 2013). “6(n) AFFIRMATIVE DEFENSE: CONTROLLED SUBSTANCE WAS LAWFULLY OBTAINED FROM A PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03(1), 893.13(6)(a) Fla. Stats. It is a defense to the charge of [possession] [trafficking via possession] for a person to possess a controlled…”
State v. Vinci, 146 So. 3d 1255 (Fla. 2d DCA 2014). “See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012); O’Hara v.”
— 499.03(1)(e) — 1 case
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
— 499.03(2) — 1 case
State v. Vinci, 146 So. 3d 1255 (Fla. 2d DCA 2014). “See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012); O’Hara v.”
— 499.03(3) — 1 case
Pennington v. State, 34 So. 3d 151 (Fla. 1st DCA 2010). “§§ 499.03(3), 775.082(4)(b), Fla. Stat. (2005).”
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