Drug Possession Charges in Florida: Misdemeanor vs. Felony

Introduction

Florida has some of the strictest drug laws in the country, and even a small amount of an illegal substance can lead to serious legal consequences. Whether you are facing misdemeanor or felony drug possession charges, it is crucial to understand the law, the penalties, and the available legal defenses.

This article explains Florida’s drug possession laws, the difference between misdemeanor and felony charges, and how an attorney can help fight a drug possession case.

Florida Drug Possession Laws

Under Florida Statutes § 893.13, it is illegal to:
✔️ Possess, manufacture, sell, or distribute controlled substances
✔️ Be in possession of drug paraphernalia (pipes, scales, syringes, etc.)
✔️ Possess a prescription drug without a valid prescription

Possession can be categorized as:

• Actual Possession – The drugs are physically on you (in your pocket, hand, or backpack).
• Constructive Possession – The drugs are in a place you have control over (e.g., your car or home).

Misdemeanor Drug Possession in Florida

Possession of Marijuana (Under 20 Grams)

🚨 Charge: First-degree misdemeanor
💰 Fine: Up to $1,000
⏳ Jail Time: Up to 1 year
🚗 Driver’s License Suspension: Possible 1-year suspension

⚠️ Medical Marijuana Exception:
Florida allows medical marijuana use, but only with a valid prescription and from a licensed dispensary. Recreational marijuana remains illegal in Florida.

Felony Drug Possession in Florida

Possessing larger amounts of illegal drugs or controlled substances can lead to felony charges, even if there is no intent to sell.

Felony Drug Possession Charges:

Drug Trafficking Charges (More Severe Penalties)

If you are caught with a large quantity of drugs, law enforcement may charge you with trafficking, which carries mandatory minimum prison sentences.

🚨 Example: Cocaine Possession Over 28 Grams = Minimum 3-Year Prison Sentence

Defenses to Drug Possession Charges

A drug possession charge does not mean an automatic conviction. A skilled criminal defense attorney can use several strategies to fight the charges:

1. Illegal Search and Seizure (Fourth Amendment Violation)

• If police searched your car or home without probable cause or a warrant, the evidence may be thrown out.

2. Lack of Knowledge

• If the drugs were found in a shared space (like a car or house), you may argue you were unaware of their presence.

3. No Actual Possession

• If the drugs were not physically on you, the prosecution must prove you had control over them.

4. Crime Lab Testing

• The substance must be tested by a crime lab to prove it was an illegal drug.

5. Entrapment

• If law enforcement pressured or tricked you into possessing drugs, this could be a defense.

What to Do If You Are Arrested for Drug Possession

If you are charged with drug possession in Florida, take these steps immediately:

✔️ Remain Silent – Do not admit anything to the police.
✔️ Do Not Consent to Searches – If police ask to search, say:

“I do not consent to a search.”
✔️ Request a Lawyer – Call a criminal defense attorney immediately.
✔️ Do Not Discuss Your Case – Avoid talking to anyone except your attorney.

How a Criminal Defense Attorney Can Help

A drug possession conviction can have lasting consequences, including:

• Jail or prison time
• Fines and court fees
• A criminal record (which can affect jobs and housing)
• Driver’s license suspension

An experienced drug possession defense attorney can:
✔️ Challenge the legality of your arrest and search
✔️ Negotiate to reduce or dismiss charges
✔️ Help you avoid jail time through diversion programs

At Bonderud Law, we aggressively defend clients against drug charges. Call us today for a consultation.

Conclusion

Florida’s drug possession laws carry harsh penalties, even for first-time offenders. If you are facing misdemeanor or felony drug charges, it is crucial to seek legal representation immediately. A strong defense can make the difference between a conviction and a dismissal.