Being near drugs does not automatically make someone a dealer. Florida charges depend on the alleged conduct, the substance, the evidence of possession or delivery, and the applicable statute.
Possession, delivery, and trafficking
Florida Statutes section 893.13 addresses sale, manufacture, delivery, and possession with intent to sell, manufacture, or deliver a controlled substance, among other offenses. A possession charge is distinct from an allegation that someone sold or intended to sell. Packaging, communications, money, location, and other facts may be disputed; no single fact makes a person a drug dealer.
Trafficking under section 893.135 uses drug-specific weight or plant thresholds and may impose mandatory minimum penalties. A person can face a trafficking allegation based on qualifying possession without proof of an actual sale. The earlier claim that all trafficking results in up to three years was incorrect.
What if the drugs were not yours?
Ownership and possession are different questions. The state must prove the charged elements, including the required knowledge and actual or constructive possession when relevant. Section 893.101 treats lack of knowledge of a substance’s illicit nature as an affirmative defense. A statement of innocence or a claim of unconsciousness alone does not automatically resolve a case. Counsel can review control of the location, witnesses, recordings, testing, and the legality of any search.
Drug paraphernalia has separate statutory requirements; ordinary possession of a syringe or rolling papers is not automatically a dealing offense. If questioned or charged, preserve records and seek legal advice about the specific allegations. Roy J. Kahn, P.A. represents clients in Miami drug cases. No result is guaranteed.
This is general information, not legal advice.
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