If you’ve been arrested and charged with drug possession in Florida—even though you claim you didn’t know there were drugs in the car—you may be stunned to realize that the law still allows prosecutors to move forward. As a Florida Drug Possession Defense Attorney, I have represented many people who said something like: “I didn’t know it was in my car,” or “That wasn’t mine,” only to discover the state alleged constructive possession. In those moments, what you thought was a harmless ride can become a criminal case with serious penalties. Let me walk you through how Florida law treats “possession” when you weren’t the one holding the drug, what defenses exist, and why you need a lawyer immediately.
What Florida Law Says About Possession of Controlled Substances
Florida Statute § 893.13 states that it is unlawful for any person to be in actual or constructive possession of a controlled substance unless it was lawfully prescribed. Possession with intent to sell, manufacture, or deliver under certain conditions becomes a higher‑degree felony.
The statute makes clear that even when the substance is not on your person, i.e., you are neither holding it nor wearing it, constructive possession may apply. This means that simply being near the drugs, or in a common space where they were found, might expose you to criminal charges.
What Is Constructive Possession?
In Florida, constructive possession arises when you do not physically hold the drugs, but the state claims you knew of their presence and had the ability to control them. Courts require that the prosecutor show both knowledge of the drugs’ existence and dominion or control over them.
Typical scenarios include:
- Drugs found in a car you were driving or riding in
- Drugs found in a home or room you share with others
- Drugs found in your personal space, even if you swear you did not know they were there
Just because you say you did not know the drugs were present does not automatically mean you can’t be charged. The state may argue you had constructive knowledge.
Why Prosecutors Take These Cases Seriously
If you were a passenger in a vehicle that was pulled over and police found drugs in the glove compartment, under the seat, or in a reachable console, the state may argue you had access and therefore control. This puts you at risk of charges even if the driver tries to take the blame. A prosecutor will look for factors such as:
- Your proximity to the drug location
- Whether you had access (e.g., keys, car control)
- Whether the container was open or accessible
- Whether you made any statements or exhibited behavior suggesting knowledge
- Whether others with access could plausibly have hidden it
Taken together, these factors can shift the case from a verbal “I didn’t know” defense to a full criminal charge.
What Are the Penalties if Charged?
If you are charged under § 893.13 for possession of a controlled substance without a valid prescription, the penalties vary depending on the type of drug and quantity. For many Schedule I or II substances, possession may be a third‑degree felony. A conviction can result in:
- Up to five years in prison
- Up to five years of probation
- A fine
- Driver’s license suspension
- Long‑term collateral consequences such as job loss, housing, and professional licensing problems
Therefore, even if you did not know about the drugs, the state’s case against you may proceed with full force.
Real Case Example: “It Wasn’t My Bag”
I represented a college student in Orlando who was riding as a passenger in his roommate’s car. During a traffic stop for a broken taillight, police found a small bag of pills in a backpack located on the back seat. His roommate had left it there after school. My client claimed he did not know the pills were present and that they weren’t his.
We investigated and found that the backpack had been used by both occupants. The location of the pills was not clearly in his individual compartment. I challenged the state’s claim of control and knowledge. We filed a motion highlighting that there were multiple people with access, no fingerprints tying him to the bag, and no statements from him admitting knowledge.
After hearing the argument, the prosecutor offered a plea to a misdemeanor with deferred adjudication. The record is now clean, and the case is resolved without jail. He would not have had that option without private legal advocacy.
Defenses You Should Explore
When you’ve been charged under constructive or actual possession theories despite insisting “I didn’t know,” these defenses may apply:
Lack of knowledge or dominion
If you did not know the drug was present, and you did not have exclusive control of the vehicle or container, the state must still prove knowledge and control. Highlighting other persons with access can create doubt.
Prove someone else placed the drugs
If evidence shows another person had access, keys, or reason to hide the drugs, you may argue you were an unaware passenger or occupant. I gather evidence, messages, and surveillance if available.
Invalid stop or search
If the drug was found after the stop was unlawful or the search lacked probable cause or consent, we can seek suppression of the evidence. Without that, the state may not have a case.
Presumption of innocence and burden of proof
The state must prove guilt beyond a reasonable doubt. I use every inconsistency, unclear witness, or lack of exclusive control to build reasonable doubt.
Lack of admissible confession
If you never admitted knowledge or possession, and there is no reliable witness linking you to the drug bag or container, the case becomes weaker. I file motions to exclude unreliable statements.
Why You Need a Florida Drug Possession Defense Attorney
An arrest for drug possession in Florida—even when you say “those drugs are not mine”—is a serious matter. Public defenders are committed but often strapped for time. As your private attorney, I will:
- Interview witnesses and vehicle occupants
- Subpoena all video, logs, search warrants, and dash/body‑cam footage
- Scrutinize whether the stop or search violated your rights
- Evaluate the chain of custody of the substance
- Build a defense tailored to your version of events
- Negotiate aggressively for reduction, dismissal, or diversion
Time matters. The earlier I’m involved, the more effective your defense will be.
FAQ: Florida Drug Possession Defense Attorney
If I didn’t know about the drugs in the car, can I still be charged?
Yes. Florida law allows charges for constructive possession even when you didn’t physically have the drugs, as long as prosecutors allege you knew of their presence and had control. Having a Florida Drug Possession Defense Attorney who understands this can make the difference.
What must the state prove for constructive possession in Florida?
The state must show you had knowledge of the drugs, you had dominion or control over them, and you were not authorized to possess them. Constructive possession defense in Florida often focuses on disputing knowledge or control.
Does mere proximity to drugs mean I’ll be found guilty?
No. Proximity alone is insufficient. The state must link you to the drug by control, access, or possession. If someone else had equal or greater access, you may have a valid defense.
What if the vehicle was under someone else’s name or control?
That works in your favor. If you were a passenger and had no exclusive use or control of the vehicle, the state’s argument weakens. I’ll investigate who had key access, prior use, or proximity to the drugs to show you lacked control.
Can I still get diversion or reduced charges?
Yes. If you are a first‑time offender, and if the evidence is weak—or your attorney successfully challenges knowledge or control—you may qualify for diversion, reduced charges, or even dismissal. A first‑time defense lawyer who fights for you increases that chance.
Will a conviction impact my record long‑term?
Yes. A felony drug conviction can affect employment, housing, professional licenses, and immigration status. That is why securing a strong defense or avoiding conviction altogether is so important. Engaging a Florida Drug Possession Defense Attorney early is critical.
Call Us 24/7 For Your FREE Consultation
If you find yourself facing drug charges and insisting, “It wasn’t mine—I didn’t know about it,” don’t assume you’ll walk away unscathed. Florida’s law of constructive possession is real, and prosecutors use it often. The difference between a strike and a dismissal may be whether you retained a defense attorney who understands how to challenge knowledge, control, and search validity.
Your future is worth the fight. A dedicated Florida Drug Possession Defense Attorney will give your side a chance to be heard, your rights a chance to be defended, and your record a chance to be protected.
Contact Musca Law 24/7/365 at 1‑888‑484‑5057 for your free consultation. Our team is ready to defend you across Florida, including every county from Jacksonville to Miami and from Tampa to the Panhandle.
Let’s take action now and build a defense on your behalf.