Possession of Oxycodone

Written by:Julian Stroleny PortraitJulian Stroleny

Oxycodone (OxyContin) is an opioid pain medication and a schedule 2 drug in Florida. This means it is considered as having a high potential for abuse and is subject to severe restrictions in medical treatment.

It is therefore also illegal to be in possession of Oxycodone without a valid prescription and it is a third-degree felony to be found in possession of less than four grams. If you have been found in possession of this medication, then you should seek advice from a drug possession lawyer who can help you to better understand the charges and mount a defense to avoid severe penalties.

It is also important to understand some of the other potential penalties associated with possession and trafficking in Oxycodone.

The Trafficking Threshold

While being in possession of under four grams of Oxycodone is considered a third-degree felony, possession of 4 grams or more is considered a trafficking charge. This is very important to understand, as 4 grams can be found in a few pills because the weight limit is based on the weight of the pill – not the dosage of the active ingredient. If you are in possession of 10 pills that contain less than 4 grams of Oxycodone, you can still face trafficking charges due to the combined weight of the pills themselves.


If you are convicted of possession of Oxycodone, you may be sentenced to five years of probation or prison, and up to $5,000 in fines. Any person convicted of possession of Oxycodone might also have their driver’s license suspended.

Again, it is important to seek out assistance from a drug possession lawyer in order to avoid the possible harsh penalties.


With the help of a qualified Miami criminal attorney, it may even be possible to mount a defense against these charges.

Common defenses include:

  • Constructive possession
  • Illegal search and seizure
  • Prescription defense
  • Temporary possession
  • Lack of knowledge

This means that you might be able to avoid charges if you are driving a friend’s car that has Oxycodone in the glove compartment, or if you did not know that the drug in question was Oxycodone. You can also avoid charges if you can find a valid prescription that pre-dates the arrest.

To find out if you may be able to argue a defense against charges of Oxycodone possession, you should seek the help of a Miami criminal attorney. Call our drug lawyer today at 305-615-1285 for an obligation-free consultation.

Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Criminal Attorney.