Drug Possession Charges in Florida
Possession cases turn on proof: whose drugs they were, how they were found, and whether the search was lawful. I defend drug possession cases in Hillsborough, Pinellas and Pasco counties.
What Does the State Have to Prove?
Under s. 893.13(6), a person may not be in actual or constructive possession of a controlled substance unless it was lawfully obtained from a practitioner or under a valid prescription. The State must show you knew the substance was there and could control it. Actual possession means it is on your person. Constructive possession means it is in a place you control, such as a car or home, and you knew it was there. Knowledge cannot be assumed when others had access to the place, such as a shared car.
What are the penalties for drug possession in Florida?
Marijuana: 20 grams or less is a first-degree misdemeanor: up to 1 year in jail and a $1,000 fine. More than 20 grams is a third-degree felony: up to 5 years in prison and a $5,000 fine.
Other controlled substances (cocaine, heroin, methamphetamine, and prescription pills possessed without a valid prescription) are generally a third-degree felony: up to 5 years in prison and a $5,000 fine. Possessing more than 10 grams of certain Schedule I and II substances listed in s. 893.03(1)(a), (1)(b) or (2)(b) is a first-degree felony under s. 893.13(6)(c). Larger amounts of many drugs can be charged as trafficking, which carries mandatory minimums and is covered on my drug trafficking page.
Under s. 322.055, a possession conviction also means a 6-month driver license suspension, or until a drug treatment program is completed, with a restricted license available only if the court finds a compelling circumstance. A conviction also leaves a criminal record.
What defenses are there to a drug possession charge?
No knowledge of the drugs. Shared access to the car, room or home. An unlawful stop, search or arrest. Whether the substance has been tested and is what the State says it is. Entrapment, which in Florida means law enforcement induced a person to commit a crime they were not otherwise ready to commit.
How I Handle These Cases
I have practiced criminal defense in the Tampa Bay area for 28 years. In a possession case I start with how the drugs were found and whether the search holds up. The consultation is free. Call me at 813-228-6001 or email me.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
More on Drug Possession
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.