893.13(6)(a) Drug Possession Charges in Florida - Understanding the Law, Defenses, and Why Hiring a Private Attorney Can Make the Difference
When someone is arrested in Florida for drug possession, one of the most common charges they face is under Florida Statute 893.13(6)(a). This law makes it illegal to possess a controlled substance without a valid prescription. Many of my clients are shocked to learn that even holding a small amount of a medication or substance can result in a serious criminal charge that carries the possibility of jail, probation, steep fines, driver’s license suspension, and a permanent criminal record.
The impact of a possession charge goes far beyond the courtroom. Employers often run background checks, colleges can deny admission, landlords can reject housing applications, and professional licensing boards may impose sanctions. Even a misdemeanor drug possession conviction can follow you for the rest of your life. That is why it is critical to understand exactly what this statute says and how a skilled defense can protect your freedom, your career, and your future.
At Musca Law, I have defended people across Florida against these charges, and I have seen firsthand how the right defense strategy can lead to reduced penalties, diversion programs, or even a complete dismissal of charges.
The Law: What Florida Statute 893.13(6)(a) Says
Here is the statute itself:
Florida Statute 893.13(6)(a):
“It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.”
This section of Florida law makes it clear that possession of any controlled substance without a valid prescription is a crime. Controlled substances include illegal street drugs such as cocaine, heroin, and methamphetamine, but also many prescription medications such as oxycodone, Xanax, Adderall, hydrocodone, and morphine.
The charge applies whether the person had the drugs physically on them (known as actual possession) or in a location where the person had control or access (known as constructive possession). For example, a pill bottle in your backpack could be considered actual possession, while drugs found in a car’s glove compartment may be treated as constructive possession if prosecutors argue that you had control over that area.
Penalties for Violating 893.13(6)(a)
The penalties for possession depend on the type of drug and the amount. Florida law classifies substances into schedules, with Schedule I drugs considered the most dangerous.
- Possession of a controlled substance (other than cannabis under 20 grams): This is typically a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.
- Possession of cannabis under 20 grams: This is a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
- Driver’s license suspension: A conviction for drug possession results in a mandatory two-year driver’s license suspension under Florida Statute 322.055.
A felony drug possession conviction also creates a permanent criminal record that cannot be sealed or expunged in most cases, which is why fighting these charges is critical.
How Prosecutors Try to Prove Possession
To convict someone under 893.13(6)(a), the prosecution must prove beyond a reasonable doubt:
- The substance was a controlled substance under Florida law.
- The defendant knew of the presence of the substance.
- The defendant had actual or constructive possession of the substance.
It is not enough for the police to simply find drugs in the general area of where you were. The state must connect you to the substance and prove you knew it was there. This is where strong defense strategies often win cases.
Common Defenses to 893.13(6)(a) Possession Charges
Lack of Knowledge
One of the strongest defenses is that the accused did not know the drugs were present. For example, if you borrowed a friend’s car and drugs were hidden in the trunk, you may not have had any knowledge they were there.
Unlawful Search and Seizure
The Fourth Amendment protects you against unlawful searches. If the police searched your car, home, or body without a valid warrant, probable cause, or a legal exception, the evidence can be suppressed. Without the drugs as evidence, the case often falls apart.
Prescription Defense
If you had a valid prescription at the time of the arrest, even if you did not have the prescription bottle with you, this can serve as a complete defense. Your attorney can present medical records or testimony from your doctor to prove the medication was lawfully prescribed.
Lack of Constructive Possession
If drugs were found in a shared space, such as a car with multiple passengers or a shared apartment, the state must prove you had control and knowledge of the drugs. Without specific evidence tying the drugs to you, the charge may not stand.
Entrapment or Misconduct
If law enforcement engaged in improper conduct such as planting evidence or coercing you into possession, your attorney can argue for dismissal.
Why You Need a Private Defense Attorney
Public defenders in Florida are often overwhelmed with large caseloads. While they work hard, they may not have the time to carefully analyze every detail of your case. A private defense attorney has the ability to thoroughly review the police reports, examine body cam footage, challenge forensic testing, and file motions to suppress illegally obtained evidence.
I often work with toxicologists, medical professionals, and investigators to build a strong case. Having an attorney with the time and resources to focus on your defense gives you the best chance of avoiding the life-changing consequences of a conviction.
Real Case Example: How I Helped a Client Avoid Prison
Several years ago, I represented a young man in Tampa who was charged with felony possession of oxycodone without a prescription under 893.13(6)(a). Police found pills in his car during a traffic stop. The client insisted that the medication had been prescribed to him for a legitimate injury but he had placed the pills in a plastic bag instead of keeping them in the pharmacy bottle.
I obtained his medical records and contacted his treating physician, who provided documentation showing the prescription was valid. We filed a motion to dismiss based on the prescription defense. The prosecutor initially resisted but after reviewing the evidence, the state dropped the felony charge. My client avoided a conviction, jail time, and a driver’s license suspension.
This case illustrates how a defense attorney can uncover critical facts and fight for dismissal even when the evidence looks strong at first glance.
Other Relevant Florida Statutes
Several other statutes often come into play in drug possession cases:
- Florida Statute 893.135 – Trafficking in controlled substances, which applies if the quantity exceeds certain thresholds.
- Florida Statute 893.147 – Possession of drug paraphernalia, which is often charged alongside possession.
- Florida Statute 322.055 – Mandatory driver’s license suspension for any drug conviction.
- Florida Statute 948.08 – Pretrial intervention programs that may allow eligible first-time offenders to avoid a conviction by completing counseling or community service.
Understanding how these laws interact is critical for building a defense strategy.
Long-Term Consequences of a Conviction
A conviction under 893.13(6)(a) is not just about fines or probation. It affects housing, employment, education, and even child custody in some cases. Employers often deny applicants with felony drug records, and professional boards may suspend or revoke licenses for nurses, teachers, or other licensed professionals.
I always tell clients that avoiding a conviction is the number one goal. That can mean dismissal, reduction to a misdemeanor, or entry into a diversion program. A skilled defense attorney can help you pursue every available option.
Frequently Asked Questions About 893.13(6)(a) Florida Drug Possession Charges
What does “possession” mean under Florida law?
Possession can mean actual possession, such as drugs in your pocket, or constructive possession, such as drugs in the glove compartment of your car. The state must prove you had control over the area and knew the drugs were there. If multiple people had access to the same space, the state may have trouble proving constructive possession.
Can I be charged if the drugs were not mine?
Yes, but the state still has to prove that you knew about the drugs and had control over them. If someone left drugs in your car or apartment without your knowledge, your attorney can raise the defense of lack of knowledge. These cases often depend on the specific facts and evidence, such as fingerprints, DNA, or statements made to police.
What happens if the police searched me illegally?
If your attorney can prove that the police violated your Fourth Amendment rights by conducting an illegal search, the evidence obtained can be suppressed. Without the drugs as evidence, prosecutors often have no choice but to dismiss the charges. This is one of the most powerful defenses available in drug possession cases.
Can a valid prescription serve as a defense?
Yes, a valid prescription is one of the strongest defenses. Even if you did not have the medication in the original container, your attorney can obtain your pharmacy or medical records to prove the prescription was valid. This defense often leads to dismissal if the prescription was legitimate at the time of the arrest.
What are the penalties for a first offense?
For most controlled substances other than cannabis, possession is a third-degree felony punishable by up to 5 years in prison. However, many first-time offenders are eligible for pretrial diversion programs that can result in dismissal upon completion. A strong defense attorney can negotiate with prosecutors to secure these outcomes.
Will I lose my driver’s license if convicted?
Yes, Florida Statute 322.055 requires a mandatory two-year driver’s license suspension for any drug conviction. This is one of the harshest consequences because it impacts your ability to work and care for your family. Your attorney can work to avoid a conviction through dismissal, reduction, or diversion so that your license is not suspended.
What if the drugs were found in a shared car or home?
If drugs are discovered in a location accessible to multiple people, the state must prove that you specifically had knowledge of and control over the drugs. Without clear evidence linking you to the substances, the case can be very difficult for the prosecution. This is where constructive possession defenses are critical.
Is probation an option instead of jail?
Yes, judges often impose probation instead of jail for first-time offenders, especially if the amount of drugs is small. However, probation conditions are strict, and violations can result in jail. A private attorney can often negotiate probation terms or entry into a diversion program instead of incarceration.
Can drug possession charges be sealed or expunged?
If your case is dismissed or you complete a diversion program without a conviction, you may be eligible to have the record sealed or expunged. However, if you are convicted, drug possession charges generally cannot be sealed or expunged. That is why fighting to avoid a conviction is so important.
Why should I hire a private Florida drug possession defense attorney?
Hiring a private attorney gives you access to resources and time that public defenders simply do not have. I review every detail of the arrest, challenge the evidence, and look for weaknesses in the state’s case. The difference between conviction and dismissal often comes down to whether you have a defense lawyer who has the time and commitment to fight aggressively for your rights.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or someone you care about has been charged under Florida Statute 893.13(6)(a) for drug possession of a controlled substance without a prescription, the time to act is now. The penalties are severe, but with the right defense, you can protect your freedom, your record, and your future.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.