Florida enforces some of the strictest drug regulations in the United States. A conviction of drug possession in Florida can lead to harsh consequences such as substantial fines, lengthy imprisonment, and other long-lasting effects on one's life. Furthermore, in Florida, it is possible to be apprehended for a drug-related crime even if the illicit substance is not in one's possession or owned by the individual. This is due to the way possession is defined by law.

Drug possession charges can be divided into two categories: actual possession and constructive possession. If you or someone close to you is facing criminal drug charges, it is crucial to understand the distinctions between actual and constructive possession and how to safeguard your legal rights. Our team will clarify possession laws and explain how our criminal defense attorneys can assist.

What does possession entail?

Florida Statute 893.13 states that it is unlawful to have control over or possess a controlled substance without a medical prescription. Controlled substances can include, but are not limited to:

  • Cocaine
  • Marijuana
  • Heroin
  • Prescription painkillers such as fentanyl or morphine (without a prescription) Refer to Florida Statute 893.03 for a comprehensive list of controlled substances. Possession is then categorized into actual possession and constructive possession. 

What is Actual Possession?

Actual possession pertains to situations where a person physically holds a controlled substance, carries it in a bag, purse, or pocket, or has immediate access to an illegal drug. In cases of actual possession, an individual has sole control over the illicit substance. Law enforcement officers could charge you with actual possession if they discover a drug during a frisk or body search.

Actual possession charges do not apply when a person has control over a substance they have been legally prescribed. However, it may apply to someone possessing a substance prescribed to another person—meaning you could be charged with actual possession if you are carrying prescription medication that belongs to a friend.

What is Constructive Possession?

Constructive possession is more complex—it encompasses scenarios where a person is aware of illegal drugs and, in theory, has control over them, such as having a key to a lockbox containing drugs. Under constructive possession, it is not necessary for someone to physically possess an illicit substance. Consequently, you may be arrested for drug possession even if you aren't holding a controlled substance or have one nearby.

Here are a few instances where someone may be charged with constructive possession in Florida:

  1. You are a passenger in your friend's car, which gets pulled over for speeding. The officer smells marijuana, searches the vehicle with probable cause, and finds a bag of marijuana in the trunk. As you were in the car and may have had access to the marijuana, you could face charges for constructive possession of drugs.
  2. You attend a house party, and police arrive with a warrant to search the premises. They discover drug use by several partygoers in the backyard. Even if you did not partake, you could still be charged with constructive possession due to your knowledge of the drugs.
  3. You share a locker with a coworker who stores drugs in it. Your boss learns about the drugs and reports them to the police. Both you and your coworker could face constructive possession charges because the prosecution argues that you each had access to and control over the drugs. Note: Actual and constructive possession differ from drug trafficking, which involves selling, distributing, or manufacturing an illegal substance. However, if police suspect you intended to distribute a narcotic, you may be charged with both trafficking and possession. 

Legal Consequences & Penalties for Drug Possession

Being charged with either actual or constructive possession can result in severe legal ramifications. While specific consequences vary from case to case, they often involve imprisonment, fines, and mandatory probation or drug rehabilitation programs. These repercussions can frequently have a long-term impact on your life, affecting where you can live and even your eligibility to hold a driver's license.

Jail Sentences

Imprisonment may be imposed if you are convicted of possessing an illegal drug. Possession of Schedule I, II, III, and IV drugs (such as marijuana, heroin, narcotics, etc.) are considered third-degree felonies and can lead to up to 5 years in prison. Possession of Schedule V drugs (like medications containing small amounts of narcotics) is a first-degree misdemeanor and can result in up to a year in prison.

Sentences may be even more severe if you or a loved one are also charged with drug trafficking or another related offense. Additionally, suppose you are found guilty of constructive possession. In that case, the prosecution could argue for charging you with trafficking or distribution if others also had access to the drugs, which could elevate misdemeanors to felonies.

Fines

Similar to jail sentences, the fines associated with possession charges depend on the substance(s) involved. Misdemeanor offenses result in fines of up to $1,000, and felonies can range in fines from $1,000 to $5,000. Like jail sentences, you may face additional fines if you are found guilty of another offense simultaneously or if you violate probation.

Losing Licenses & Housing Opportunities

Possession charges can have consequences beyond fines and imprisonment. You may face additional repercussions, such as:

  • Losing housing opportunities: Drug offenses remain on your record, and many housing complexes prohibit felons from residing on their property.
  • Losing licenses: You could lose your driver's license or a professional license (in fields like law, education, and medicine).
  • Rehab: The criminal court may order you or your loved one to complete a drug or alcohol treatment program, sometimes as an alternative to serving time.
  • Probation: It is common for individuals to face probation terms after being released from a rehab program or jail. Probation requires regular check-ins with a probation officer, living in designated areas, and adhering to strict behavior rules.

Overall, being charged with a drug offense can have profound effects on your life, particularly when courts enforce maximum penalties. However, instead of succumbing without a fight, a defense law firm like Musca Law can help you receive fair treatment.

How Our Defense Attorneys Can Help You

Remember, you have rights. A defense attorney can advocate for you, guide you through the intricate legal process, and stand up against prosecutors who may not offer a fair trial. For instance, Musca Law can help determine if police searches were conducted unconstitutionally, such as if an officer searches a residence without a warrant. Even if they find an illegal substance, it cannot be used as evidence in court.

In constructive possession cases, the prosecutor may claim you were aware of an illegal substance, but they often cannot prove this, even if they try to argue that you did. At Musca Law, we understand how prosecutors work. We are familiar with their strategies for trying your case and know how to counteract them to prevent violations of your legal rights.

Act Now to Protect Your Rights: Call Musca Law, P.A. Today

If you or a loved one are facing drug possession criminal charges, it's crucial to act immediately. Your freedom and future depend on the legal representation you choose. Don't wait to protect your rights — call Musca Law, P.A. today.

Our team of experienced drug possession criminal defense attorneys at Musca Law, P.A. understands the complexities of the federal court system and will tirelessly fight for your rights. With our knowledge and expertise, we will guide you through every step of the process, from the investigation to the trial.

Don't leave your fate to chance. Take the first step in safeguarding your future by calling Musca Law, P.A., now at 1-888-484-5057. Our toll-free number is available 24/7, and our legal team is ready to provide the aggressive, dedicated representation you need in these challenging times. Time is of the essence – contact us today.