Most people are completely unaware of the details of Florida drug possession law until they encounter it themselves. The State of Florida is known for its strict adherence to drug laws and the severe consequences for individuals caught with illegal substances. It is crucial that individuals and their loved ones facing charges for drug crimes understand the specifics of the laws and the associated penalties. Fortunately, you’re not alone in this situation. An experienced criminal attorney from our team can help you navigate your legal issues.

This article will explore in detail what constitutes drug possession under the Florida statutes, the penalties associated with these charges, and how your criminal defense lawyer can defend against them.

What Constitutes Drug Possession in Florida?

Under the State of Florida drug possession law, possession occurs when an individual has control over an illegal substance. This can be categorized as either actual possession or constructive possession:

Actual Possession: The drug is physically on the person, such as in a pocket or a bag they are holding.

Constructive Possession: The individual does not have the drug on them but has knowledge it and control over the area where it is found (e.g., in their car or home).

Florida law recognizes a wide range of controlled substances, including illegal drugs like cocaine, heroin, and methamphetamine, as well as prescription medications like oxycodone or Xanax when possessed without a valid prescription. The severity of drug possession charges often depends on:

• The type of drug.
• The amount of drug found.
• Whether there is intent to sell or distribute.

Florida categorizes controlled substances into schedules based on their potential for abuse and accepted medical uses. The schedules go from Schedule I – Schedule V. Some examples are:

• Schedule I drugs (e.g., heroin, MDMA) have no accepted medical use and a high potential for abuse.
• Schedule II drugs (e.g., cocaine, methamphetamine) have some medical use but also a high potential for abuse.

How We Defend Drug Possession Charges

Drug possession cases can be daunting, but an experienced criminal defense attorney from our team will use a number of different strategies to fight the allegations. Here’s how we defend cases under Florida drug possession law:

Challenging the Legality of the Search and Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement violated your rights during the arrest—such as conducting a search without probable cause or a warrant—your attorney can argue that the evidence obtained should be suppressed. Without this evidence, the prosecution may be unable to prove its case.

Disputing Ownership or Knowledge of the Drugs

In cases involving constructive possession of a controlled substance, the prosecution must prove that you knew the drugs were present and had control over them. For example, if drugs are found in a shared space, such as a car with multiple passengers, your attorney can argue that you were unaware of their presence or that they belonged to someone else.

Examining the Evidence for Errors

Mistakes can occur at various stages, from field testing substances to preserving evidence in the chain of custody. An attorney can scrutinize the procedures used to handle and test the drugs, challenging the reliability of the results if errors are found.

Plea Bargains and Diversion Programs

In some cases, especially for first-time offenders or individuals with small amounts of drugs, your attorney may negotiate a plea deal or recommend participation in a diversion program. These programs often involve treatment or education and can result in reduced charges or dismissal upon completion.

Penalties for Drug Possession in Florida

Florida drug possession law imposes possible penalties based on the type and amount of the drug in question. Penalties can include fines, probation, community service, and incarceration. The consequences also vary depending on whether the offense is classified as a misdemeanor or a felony.

Misdemeanor Drug Possession

Typically, possession of marijuana in a small amount (less than 20 grams) is charged as a first-degree misdemeanor. Penalties may include:

• Up to 1 year in jail.
• Up to $1,000 in fines.
• Probation or community service.
• Felony Drug Possession

Possession of larger quantities of drugs or substances classified as Schedule I or II often results in a felony charge. For example:

• Possession of cocaine or heroin: Third-degree felony, punishable by up to 5 years in prison and up to $5,000 in fines.
• Possession of more than 20 grams of marijuana: Third-degree felony, with similar penalties.
• Possession of prescription drugs without a prescription: Charges vary based on the type and quantity but may lead to third-degree felony charges.
• Trafficking and Aggravating Circumstances

When the quantity of drugs exceeds specific thresholds, charges can escalate to drug trafficking, which carries mandatory minimum sentences. For instance:

• Possession of more than 28 grams of cocaine may lead to trafficking charges, with mandatory prison sentences starting at 3 years.
• Aggravating factors, such as possession near a school or involving a minor, can also increase penalties.
• Driver’s License Suspension

A drug possession conviction in Florida can result in an automatic driver’s license suspension for up to 2 years, even if the offense did not involve a vehicle.

The Importance of Legal Representation

Florida drug possession law is complex, and the stakes are high. A conviction can lead to severe penalties like jail time, hefty fines, and a permanent criminal record. All of these consequences can affect your future employment, housing, and educational opportunities.

Hiring an experienced criminal defense attorney is essential for protecting your rights and minimizing the impact of the charges. Whether challenging the evidence, negotiating a plea deal, or seeking dismissal, a knowledgeable attorney can make all the difference.

Understanding Florida drug possession law is critical for anyone facing such criminal charges. The laws are tough, but with the right defense strategy, you can fight back and work toward a positive outcome.

If you or a loved one are dealing with drug charges and need legal advice, don’t hesitate to contact us. We have extensive experience building a strong defense against these types of charges and would love to help you get the best possible result. Call us at The Law Office of Colleen Glenn to speak to a skilled criminal defense attorney who can guide you through the legal process, protect your rights, and help you achieve the best possible resolution.