Possession
Embedded Files
Types of Possession in Florida
Types of Possession in Florida
1. Actual Possession
This means the substance is found directly on your person, such as in your hand, pocket, or a container you’re physically holding.
2. Constructive Possession
The substance is not on you, but you have control or access to it—such as drugs found in your car or home—and you are aware of its presence and nature.
Levels of Drug Possession Offenses
Levels of Drug Possession Offenses
Misdemeanor Possession
Typically involves small amounts of drugs like marijuana (under 20 grams).
Charged as a first-degree misdemeanor.
Penalties:
Up to 1 year in jail
Up to $1,000 in fines
Driver’s license suspension (minimum 6 months)
Felony Possession
Involves larger quantities or more dangerous drugs such as cocaine, heroin, fentanyl, methamphetamine, or prescription pills without a valid prescription.
Usually a third-degree felony, but can be higher depending on quantity.
Penalties:
Up to 5 years in prison
Up to $5,000 in fines
Probation, drug counseling, and long-term consequences
Florida’s approach to drug possession is clear: enforce aggressively, prosecute thoroughly, and offer limited paths to rehabilitation. Anyone charged with drug possession in Florida should seek immediate legal counsel to understand their options and build a strong defense strategy. At Crag Chaderton Law, we’re committed to protecting your rights and fighting for the best possible outcome in every case.
📞 If you're facing a drug possession charge, don’t wait. Contact Crag Chaderton Law today for an aggressive, strategic defense.
Drug Possession in Florida
In Florida, drug possession is a serious criminal offense governed by Chapter 893 of the Florida Statutes, which outlines the state’s drug laws and classification of controlled substances. Possession refers to knowingly having control over an illegal drug or controlled substance, either physically or constructively. The severity of the charge and potential penalties depend on the type of drug, the amount, and the circumstances of the arrest.
Florida recognizes two types of possession: actual and constructive. Actual possession means the substance is found on your person—such as in your hand, pocket, or backpack. Constructive possession, on the other hand, means the substance is not physically on you, but is in a place you control (like your car or home) and you are aware of both its presence and illegal nature. Both types can lead to prosecution, and the prosecution must prove knowledge and control to secure a conviction.
Possession of less than 20 grams of marijuana is typically charged as a first-degree misdemeanor, punishable by up to 1 year in jail, a $1,000 fine, and mandatory driver's license suspension. Possession of most other controlled substances—including cocaine, heroin, methamphetamine, or unauthorized prescription medications—is generally classified as a third-degree felony, which carries penalties of up to 5 years in prison, a $5,000 fine, and long-term consequences like a felony record and loss of certain civil rights.
Florida courts may offer alternatives to incarceration for first-time or low-level offenders, such as pretrial diversion programs, drug court, or withhold of adjudication—which can prevent a formal conviction if the defendant complies with court-ordered conditions. However, for those with prior convictions, large quantities of drugs, or circumstances suggesting intent to sell or traffic, the penalties increase significantly and can involve mandatory prison time. If you're facing a possession charge in Florida, having skilled legal representation is critical to protecting your record, your freedom, and your future.
How Florida Fights Drug Possession
Florida aggressively enforces drug possession laws through a combination of strict legislation, active law enforcement, and prosecutorial pressure. The state treats drug possession not just as a public safety issue, but also as a legal and social one, often implementing tough penalties—even for first-time offenders—to deter illegal drug use and distribution. Florida’s efforts to combat drug possession include criminal prosecution, sentencing enhancements, and limited rehabilitative options for qualifying individuals.
1. Strict Classification and Mandatory Penalties
1. Strict Classification and Mandatory Penalties
Under Florida Statutes Chapter 893, drugs are categorized into schedules based on their potential for abuse and accepted medical use. For example, Schedule I drugs like heroin or LSD carry the harshest penalties, while Schedule IV or V drugs (like some prescription medications) carry less severe consequences. Possessing even a small amount of certain controlled substances—such as cocaine, methamphetamine, or fentanyl—can result in felony charges punishable by up to 5 years in prison and steep fines. Florida also imposes mandatory minimum sentences for drug trafficking amounts, even if the person is only found in possession.
2. Proactive Law Enforcement Tactics
2. Proactive Law Enforcement Tactics
Florida law enforcement agencies—including local police, sheriff’s departments, and the Florida Department of Law Enforcement (FDLE)—conduct targeted drug investigations, traffic stops, surveillance operations, and undercover stings to catch individuals in possession of illegal substances. If drugs are found during a lawful search or arrest, officers will often pursue the most serious charge available based on the amount and type of drug involved. Law enforcement also partners with federal agencies for larger-scale investigations involving trafficking and distribution.
3. Prosecutorial Approach
3. Prosecutorial Approach
State attorneys often aggressively prosecute drug possession cases to secure convictions or plea deals. Even low-level possession can result in long-term consequences if not defended properly. Prosecutors may offer diversion or reduced charges in some cases, but many choose to push for convictions—especially if the defendant has prior offenses, is caught near schools or public areas, or is in possession of large quantities.
Site
How Crag Chaderton Law Combats Drug Possession Charges
We take drug possession charges seriously because we know what's at stake—your freedom, your record, your career, and your future. Whether you're facing a misdemeanor for marijuana or a felony for controlled substances like cocaine, meth, or prescription drugs, our legal strategy is built on precision, pressure, and protection. We don’t wait for the prosecution to act—we move first.
Challenging Illegal Searches and Seizures
Challenging Illegal Searches and Seizures
One of the most effective tools in our defense strategy is challenging how the evidence was obtained. If law enforcement found drugs during an unlawful search or traffic stop, we file motions to suppress that evidence. If the search lacked probable cause, if consent was coerced, or if your rights were violated, we fight to have the case dismissed entirely.
Negotiating Charge Reductions or Diversion
Negotiating Charge Reductions or Diversion
When the evidence can’t be thrown out, we shift gears and push for favorable outcomes. We negotiate with prosecutors to reduce felony charges to misdemeanors, or seek withhold of adjudication to avoid a formal conviction. For first-time, non-violent offenders, we advocate for pretrial diversion or drug court programs—giving clients a chance to complete treatment and have charges dropped.
Protecting Your Record and License
Protecting Your Record and License
Even minor drug convictions in Florida can trigger driver’s license suspension, employment consequences, and housing issues. We work strategically to protect your record, avoid jail time, and limit the fallout that often follows a drug case. Our goal is not just to win in court—but to safeguard your life outside of it.
Your Best Defense Starts Now
Your Best Defense Starts Now
If you’ve been charged with drug possession in Florida, the clock is ticking—and the prosecution is already building its case. Let Crag Chaderton Law level the playing field. Call today to schedule a confidential consultation and get the defense you deserve.
📞 (321 443 7481)
🌐 www.cragchadertonlaw.com
Arrested for Drug Possession? Don’t Face the System Alone.
A drug possession charge in Florida can threaten your freedom, record, and future. Whether it's marijuana, cocaine, prescription pills, or something more serious—you need more than hope. You need a plan.
First-time offense? Repeat charge? Wrong place, wrong time? We’re ready.
📞 Call 321-443-7481 today for a confidential case evaluation
Page updated
Google Sites
Report abuse