After a drug possession arrest in Florida, the charge and next steps depend on the substance, amount, circumstances, and prior record. An arrest is an allegation; the state must prove the charged offense. Florida section 893.13 covers possession and other drug offenses. Possession of 20 grams or less of cannabis is generally a first degree misdemeanor under that section, while many other unauthorized possession charges are felonies. Different rules can apply to medical cannabis and particular substances.
What happens next?
After booking, the court may address release conditions and schedule proceedings. Read every notice, attend court, and comply with release terms. Do not discuss the facts of the case with others or post about it online. Ask to speak with counsel before answering investigative questions. Preserve receipts, messages, and other potentially relevant records; do not alter or destroy evidence.
Possible defenses and programs
Counsel may examine the legality of the stop or search, whether the substance was identified correctly, and whether possession can be proven. Florida law also provides for certain pretrial intervention and substance abuse programs under section 948.08 and, for some misdemeanors, section 948.16. Eligibility and the effect of successful completion depend on the charge and program; diversion is not automatic.
Roy J. Kahn, P.A. handles drug defense matters in Miami. A lawyer can evaluate the actual reports, lab results, and court options. No outcome is guaranteed. This is general information, not legal advice.
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