Constructive vs. Actual Drug Possession
You may face drug charges for two different types of possession: constructive or actual.
Actual Possession in Florida
Actual possession of drugs occurs when drugs are found directly on your person. This could be if the drugs were located:
- In your hand
- In your pocket
- In your backpack/purse
In these instances, police can assume that you have direct control of the substance.
Constructive Possession in Florida
Constructive possession of drugs is more difficult to prove. You may face constructive possession charges if the drug is found not directly in your possession but in a place where it is inferred that you were aware of/in control of the drug.
This could be if the drugs are in your car or home but not directly in your possession at the time of the arrest. If the police believe you have “dominion and control” over the drug, you will be charged with possession.
Based on constructive possession, you may also face possession charges if someone in the same place as you is arrested for possession. For example, if you are driving friends in your car and one has marijuana, you and the other passengers could potentially face charges. In this situation, law enforcement may believe you were all aware of the drug in the car, hence, constructive possession.
Florida Drug Possession Penalties
It is difficult to detail the exact charges you face without a one-on-one consultation, as drug charges in Florida vary greatly depending on a number of factors, including the type of drug, the amount possessed, prior convictions, and more. That being said, we’ve provided a general outline of some of the most common drug charges in the state, as well as their corresponding penalties.
Florida's strict penalties reflect its firm stance against drug offenses. Understanding the nuances of these penalties is crucial for anyone facing accusations. Beyond jail time and fines, a drug conviction can result in additional consequences like driver's license suspension, community service mandates, and longer-term impacts on personal and professional life. Navigating these challenging legal waters requires knowledgeable guidance to understand each charge's implications and available defenses.
Misdemeanor Drug Possession in FL
- Possession of Up to 20 Grams of Marijuana (excludes legal possession of medical marijuana): A first-degree misdemeanor, punishable by up to one year in jail plus additional costs and fees
Is Drug Possession a Felony in Florida?
In Florida, the following drug possession offenses are considered felonies:
- Possession of More than 20 Grams of Marijuana: A third-degree felony, punishable by up to five years in prison plus fines
- Possession of More than 25 Pounds of Marijuana: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000
- Possession of Up to 28 Grams of Cocaine: A third-degree felony, punishable by up to five years in prison plus fines
- Possession of More than 28 Grams of Cocaine: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000
- Possession of Up to 4 Grams of an Opioid (e.g. heroin): A third-degree felony, punishable by up to five years in prison plus fines
- Possession of More than 4 Grams of an Opioid: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000
As previously mentioned, this list is not exhaustive nor is it all-inclusive of the potential penalties of drug possession in Florida. You may face enhancements, or more severe penalties, if you have prior convictions or if other specific factors are present.
Elements of Drug Possession in Florida
When prosecuting drug charges, authorities must prove the following three elements:
- Substance was an illicit/controlled substance under Florida law.
- Defendant was aware of presence of the drug and its illicit nature.
- Defendant had control over the substance or its location.
These elements are foundational to Florida's legal proceedings in drug possession cases. Each requires robust proof, which can often be contested in court. For instance, your awareness of the drug's presence is a subjective criterion that can be argued effectively. Legal strategies often involve scrutinizing the prosecution's ability to satisfy each element beyond a reasonable doubt. An inconsistency in their argument can be pivotal in constructing a strong defense.
Defense to Drug Possession Charges in FL
When defending against possession charges, our Jacksonville drug possession attorneys often seek to challenge one or more of the above required elements.
The following are strategic defenses against drug possession charges in Florida:
1. Illegal Search and Seizure
One of the most common things we see at First Coast Criminal Defense is that our clients were subject to illegal searches. When this occurs, we can fight to have the illegally obtained evidence against you thrown out.
The Fourth Amendment protects people against unreasonable searches made by police to maintain personal privacy. Police are required to follow specific protocols when investigating criminal offenses.
In order to conduct a search, police must:
- Have probable cause that they can find evidence that you committed a crime and have a warrant
- Justify that the search was absolutely necessary in the moment and there was no time to spare to get a warrant
Proving that the police violated the defendant’s Fourth Amendment rights is one of the most common defenses against drug possession charges. Any evidence that was obtained during an illegal search cannot be used against the defendant.
2. Constructive vs. Actual Possession
Prosecutors must prove that the defendant was aware of the drugs; being close to them is not enough to find the defendant guilty. Defense attorneys can argue that the defendant did not know about the drugs, even if they were technically under their ‘dominion and control.’
3. Medical Exemptions
In Florida, medical marijuana is legal. In the case of marijuana possession, we may be able to argue that you were legally allowed to possess marijuana under Florida’s medical marijuana laws.
Some qualifying conditions include:
- Cancer
- Epilepsy
- Crohn’s disease
- Post-traumatic stress disorder
- Terminal illness
Frequently Asked Questions About Drug Possession
How Can a Jacksonville Drug Possession Attorney Assist Me?
A Jacksonville drug possession attorney plays a crucial role in navigating the legal process, advocating for the best possible outcome in your case. These attorneys leverage their understanding of local judicial processes and Florida’s drug laws to construct a robust defense strategy tailored to your specific situation. They can scrutinize the circumstances of your arrest to identify any procedural errors or rights violations, such as illegal search and seizure, that may weaken the prosecution’s case. Furthermore, an attorney can negotiate with prosecutors to potentially reduce charges or seek alternative sentencing options, like diversion programs, that mitigate severe penalties. Engaging with a knowledgeable attorney ensures that your rights are vigorously defended throughout all stages of the legal process.
What Steps Should I Take Following a Drug Possession Arrest in Jacksonville?
After being arrested for drug possession in Jacksonville, it’s imperative to take strategic steps to protect your rights and position. First, remain calm and exercise your right to remain silent, avoiding making statements that could inadvertently harm your case. Next, seek legal representation as soon as possible to ensure that your defense starts on the right foot. An attorney will help you understand the charges, potential penalties, and your rights, guiding you through each phase of the judicial process. Document the details of your arrest while they're fresh in your memory, including the officers involved and any witnesses. This information can be pivotal in your defense strategy, particularly if there are grounds to contest the legality of the search or the circumstances of your arrest.
Are There Rehabilitation Options Available for Drug Offenders in Jacksonville?
Yes, Jacksonville is committed to providing rehabilitation options for those facing drug possession charges, recognizing the importance of addressing addiction as a key component in preventing recidivism. Through the drug court system, eligible offenders may participate in treatment programs that offer counseling, therapy, and support aimed at recovery, rather than incarceration. Success in these programs can lead to reduced sentences or charges, demonstrating the city’s dedication to fostering recovery and rehabilitation. Additionally, community organizations and resources provide ongoing support, helping individuals reintegrate into society and maintain sobriety. Partnering with an attorney can help you explore these opportunities and determine your eligibility based on the specifics of your situation.
Contact Our Drug Possession Attorney in Jacksonville Today
It is absolutely crucial that you contact a qualified Jacksonville drug possession lawyer as soon as possible after being arrested for or charged with drug possession in Florida. The sooner you get in contact with legal representation, the sooner they can begin building your defense. Our legal team can help you determine your best options and build a defense to your charges that focuses on protecting your future.
For a complimentary, confidential case evaluation, contact First Coast Criminal Defense at (904) 474-3115 today to speak with our Jacksonville drug possession lawyers.
