Have you been arrested for drug possession in Florida? It’s important to understand the law and your rights. Florida drug possession laws are strict, and even a small amount of a controlled substance can lead to serious legal consequences. But an arrest isn’t the same as a conviction. With a strong legal team behind you, you may have more options than you think.

At The Law Office of Colleen Glenn, P.A., we help clients in Bradenton and throughout Manatee County navigate Florida’s complex criminal justice system. Whether you’ve been charged with a misdemeanor or a felony, we’re here to protect your rights and build a strong defense.

What Are Florida Drug Possession Laws?

Under Florida Statute 893.13, it is illegal to possess any controlled substance unless a doctor has lawfully prescribed it to you. Controlled substances are categorized into five “schedules” based on their potential for abuse and medical use. This includes:

• Schedule I: High potential for abuse and no accepted medical use (e.g., heroin, LSD).
• Schedule II: High potential for abuse, with some accepted medical use (e.g., cocaine, oxycodone).
• Schedule III–V: Lower potential for abuse, often including prescription drugs (e.g., anabolic steroids, Xanax).

Possession can be classified as actual (drugs found on your person) or constructive (drugs found in your car or home, but within your control).

Drug Possession Charges in Florida

The type and amount of drug in question will determine the charge you face:

• Misdemeanor Possession: Possessing less than 20 grams of marijuana (not medical) is a first-degree misdemeanor. Your penalties can include up to 1 year in jail and a $1,000 fine.
• Felony Possession: Possessing most controlled substances—like cocaine, meth, or prescription drugs without a prescription—is a third-degree felony. This can lead to up to 5 years in prison and a $5,000 fine.

A conviction can result in a range of different penalties depending on your criminal record and other factors. Some examples are jail or prison time, probation, community service, mandatory drug treatment, driver’s license suspension, and a permanent criminal record.

Common Defenses to Drug Possession Charges

Being charged under Florida drug laws doesn’t automatically mean you’re guilty. An experienced criminal defense attorney will look for legitimate ways to challenge the prosecution brought against you. Common defenses include:

• Unlawful Search and Seizure: Did the police have a warrant or probable cause to search your person or belongings? If not, the drugs were found during an illegal search. We can use this information to have evidence suppressed.
• Lack of Knowledge: You may have a valid defense if you didn’t know the drugs were in your possession. For example, if someone left them in your car.
• Constructive Possession Issues: When officers find drugs in a shared space, the state must prove you had control over and knowledge of the substance.
• Medical Use: If you have a valid medical marijuana card, you may have a legal defense against possession of cannabis.

If you’re a first-time offender, your attorney should also consider whether you’re eligible for a pretrial diversion program. Successful completion of a program shows the courts that you’re taking the situation seriously, which is to your benefit. 

Why You Need a Local Criminal Defense Lawyer

Drug possession cases are often complex and can have life-changing consequences. That’s why it’s critical to work with a local attorney who understands Florida drug possession laws and the local courts in Bradenton and Manatee County apply them.

At The Law Office of Colleen Glenn, P.A., we take the time to listen to your story, explain your options clearly, and build a defense strategy that’s tailored to your case. Whether your goal is to avoid jail, protect your record, or get charges dismissed entirely, we’re here to help.

Contact Us Today for a Free Consultation

If you or a loved one is facing charges under Florida drug possession laws, don’t wait to get legal help. Early action can make a big difference in the outcome of your case.

Call The Law Office of Colleen Glenn, P.A. today or fill out our online form to schedule your free consultation. Let’s talk about your options.