Florida’s Drug Possession Laws: What Counts and What Doesn’t

Drug possession is one of the most commonly charged crimes in Florida — but not all possession charges are created equal. The type of substance, amount involved, and whether prosecutors allege intent to sell can dramatically affect how your case is prosecuted and what penalties you face.

At The Bonderud Law Firm, we defend clients against all types of drug possession charges — from misdemeanor marijuana to serious felony narcotics. Here’s what you need to know about Florida drug possession laws.

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Types of Drug Possession in Florida

Florida law recognizes several types of possession:

• Actual Possession: The drugs were found on your person (in your hand, pocket, or wallet)
• Constructive Possession: The drugs were in a place you had access to and control over (like your car or home)
• Joint Possession: Multiple people had access or control over the drugs

Even if drugs are not physically on you, you can still be charged if prosecutors believe you had knowledge and control.

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Common Controlled Substances

Florida classifies drugs into “schedules” based on their potential for abuse:

• Schedule I: Heroin, LSD, ecstasy — high abuse potential, no accepted medical use
• Schedule II: Cocaine, methamphetamine, oxycodone, fentanyl
• Schedule III–V: Lower potential for abuse — includes some prescription medications

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Penalties for Drug Possession

Penalties depend on the type and amount of the drug:

• Marijuana (under 20 grams):
  • First-degree misdemeanor
  • Up to 1 year in jail and $1,000 fine
• Controlled substances (e.g., cocaine, meth, ecstasy):
  • Typically third-degree felonies
  • Up to 5 years in prison and $5,000 fine
• Prescription drugs without a valid prescription (e.g., Xanax, OxyContin):
  • Also charged as felonies

Possession of larger amounts or packaging consistent with distribution may lead to drug trafficking charges — even if there’s no evidence of sales.

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Possible Defenses

Common defenses to drug possession include:

• Illegal search or seizure (Fourth Amendment violation)
• Lack of knowledge about the drugs
• No constructive possession (you didn’t control the space)
• Prescription or lawful use
• Entrapment or planted evidence

In some cases, we can file a motion to suppress illegally obtained evidence, which may lead to the charges being dismissed.

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Alternatives to Conviction

For first-time or low-level offenders, you may qualify for:

• Pretrial diversion
• Drug court
• Withhold of adjudication with probation

These alternatives may allow you to avoid a formal conviction and potentially seal your record.

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Don’t Let a Drug Charge Derail Your Future

Whether it’s a misdemeanor or a felony, a drug possession charge can impact your freedom, your job, and your record. At The Bonderud Law Firm, we fight aggressively to suppress evidence, reduce charges, and protect your future.

Contact us today to schedule a consultation.