Sale & Possession

It is a felony in Florida to possess all illegal drugs, or even legal drugs without a prescription, except for possession of cannabis under 20g, which is a misdemeanor. Conviction on these cases results in a mandatory driver’s license suspension for at least 6 months. Depending on the quantity possessed, the charge can be enhanced to “Trafficking”, with mandatory prison sentences averaging from 3 to 25 years.

Actual versus Constructive Possession

The State can try to prove possession of drugs in one of two ways. “Actual possession” normally occurs when the drugs are found on your person, or you admit you knew about them. The more difficult case for the State is “constructive possession” where the drugs are somewhere nearby. In a constructive possession case, the State must prove you knew the drugs were there and had control over them.

A typical scenario involves drugs found inside a car, but not on any person. If it was not in plain view and if there are multiple occupants, there is a chance a Motion to Dismiss may result in the charges being dropped.

Common Defenses:

Lack of Knowledge: Did not know the drugs were present.
Lack of Control: Did not have any ability to control the drugs.
Valid prescription
Counterfeit drugs (unless charged with sale of counterfeit drugs)
Incorrect weight
Entrapment
Reasonable Doubt

In addition to legal defenses, there are other ways to have drug charges reduced or dismissed such as:

Diversion: a program run by the State that may result in dismissal when complete.
Substantial Assistance Agreements: working with the police to reduce your sentence.
Drug Court: a program run by the Court that may result in dismissal when complete

If you’re facing drug charges, contact Blaine today to schedule an appointment.

Sale & Possession

Actual versus Constructive Possession

Common Defenses:

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