Florida Drug Possession Laws

by Aaron Delgado
November 16th, 2013

Florida has many types of drug possession charges, most of which can be charged as a felony offense. Drug possession charges are often incurred by those who are arrested with drugs in their possession for personal use. However, depending on the amount (in weight) and type of the drug, they may be automatically charged for possession with intent to sell despite lacking genuine intent.

Requirements for a Drug Possession Charge

In order to be found guilty of a drug possession charge, the following elements must be established in court:

  1. An illegal or controlled substance or drug
  2. Accused’s knowledge of the controlled substance
  3. Accused’s control of the drug or its location

According to Florida laws, possession implies knowledge. It does not matter if a person had knowledge prior to their arrest that the substance or drug in their possession was illegal; a person only needs to be in possession of that illegal substance or drug to be found guilty of drug possession.

Florida Drug Possession Penalties

For all Florida drug possession penalties, the type of drug, amount of the drug (in weight), and intention of the individual must be considered before determining the exact penalties. Consequences for a felony drug possession conviction can include harsh mandatory minimum incarceration, large fines, and forfeiture of assets, including your car, house, and bank accounts.

As with all state laws, the penalties for criminal drug possession may be subject to change any day. For the most up-to-date information, you need to speak with a knowledgeable criminal defense lawyer.

To learn more about specific types of drug possession charges in Florida, contact a criminal defense lawyer with experience handling drug possession charges or check out our additional resources:

Contact a Criminal Defense Lawyer

At Delgado & Romanik, our lawyers understand how drug crime investigations and cases are put together. We have the knowledge and experience to perform a thorough examination of your arrest, from whether reasonable suspicion existed to stop you to any violation of your Fourth Amendment constitutional rights, and aggressively defend your case.

If you or a loved one have been convicted of a drug crime in Florida, call 386-492-8694 to speak to an experienced criminal defense attorney immediately. We provide a free consultation to review your case and discuss defense strategies with you.