Possession of a
Controlled Substance
Most drug possession in Florida is a felony — and you don’t have to be holding the drugs to be charged. Here is what the statute actually requires and where cases break down.
A Realistic Scenario
You’re a passenger in a friend’s car, pulled over in Port St. Lucie. During the stop, the officer finds a small bag of pills in the center console. You say they aren’t yours — but everyone in reach of that console can be charged, because Florida law recognizes "constructive" possession.
What the Statute Requires
Under § 893.13(6), it is unlawful to possess a controlled substance without a valid prescription. Possession can be actual (on your person) or constructive (in a place you control, with knowledge of its presence).
For most controlled substances (Schedule I–IV drugs like cocaine, heroin, oxycodone, or methamphetamine), unlawful possession is a third-degree felony. A narrow set of substances is treated as a misdemeanor.
The Actual Penalties
Possession of over 10 grams of certain Schedule I substances: charged as a first-degree felony.
Also: A conviction carries a driver’s license suspension and a permanent felony record affecting employment, housing, and firearm rights.
What a Defense Attorney Looks For
- Knowledge and control. In constructive-possession cases, the State must prove you knew the drugs were there and had control over them — often the weakest link.
- The search. If the stop or search violated the Fourth Amendment, the evidence can be suppressed.
- Lab testing and chain of custody. The substance must be properly identified and handled.
- Eligibility for drug court or a diversion program, which can avoid a conviction entirely for qualifying first-time offenders.
Frequently Asked Questions
Is drug possession a felony in Florida?
What is constructive possession in Florida?
Can I go to drug court instead of jail in Florida?
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
