A Florida drug possession charge depends on the substance, amount, authorization, and whether prosecutors allege actual or constructive possession. An arrest does not prove the charge.
Possession and offense level
Florida Statutes section 893.13 addresses possession and other drug offenses. Simple possession of many controlled substances is a felony, but the degree varies. Possession of 20 grams or less of cannabis is generally a first degree misdemeanor under the cited subsection, subject to lawful medical use and other facts. Trafficking and possession with intent to sell are distinct allegations and can bring different penalties.
Evidence and defenses
Actual possession involves physical control; constructive possession can be disputed when an item is found in a shared car or location. The state must establish the charged elements and identity of the substance. Section 893.101 treats lack of knowledge of the substance’s illicit nature as an affirmative defense, rather than a universal element prosecutors must prove. Search and seizure, lab testing, lawful prescription, and other issues depend on the case.
After an arrest
Preserve the arrest paperwork and any relevant prescription or records. Follow release conditions and consult counsel before discussing the facts with investigators. A drug conviction may have sentencing, licensing, or professional consequences, but the outcome cannot be predicted from the arrest alone. Roy J. Kahn, P.A. handles Miami drug defense matters. No outcome is guaranteed.
This is general information, not legal advice.
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