What are the penalties for drug possession in Florida?

Florida's drug crimes are in chapter 893. Simple possession is in section 893.13(6), the drug schedules are in section 893.03, and trafficking, which is decided by weight, is in section 893.135. How Mr. Mead defends drug charges is on our drug offense defense page. The full list of charges he handles is on the criminal defense practice areas page.

How does a possession case move, step by step?

1. Stop or search. Most cases start with a traffic stop, a search of a person, car or home, or a warrant. Whether that search was lawful is often the central issue.
2. Field test and arrest. Officers usually field-test the substance and arrest. For cannabis possession, an officer may arrest without a warrant on probable cause (s. 893.13(6)(e)).
3. First appearance. Within 24 hours a judge reviews probable cause and sets release conditions, as described in the first 48 hours after an arrest in Palm Beach or Broward.
4. Lab analysis. The substance is sent for testing to confirm what it is and its weight. The lab result, not the field test, is what the State relies on at trial.
5. Filing and arraignment. The State Attorney files the charge; felony possession goes to circuit court. Drug court or other diversion is usually raised early.
6. Resolution. The case ends in a dismissal, diversion, a plea or a trial. A conviction triggers the license suspension in s. 322.055.

What does each kind of possession carry?

The maximums are ceilings, not typical sentences. The levels come from the chart in s. 921.0022 and feed the scoresheet explained in how a Florida felony sentence is calculated. For cannabis, the 20-gram misdemeanor covers the plant material; the statute says "cannabis" in that subsection does not include resin or anything made from it, so a vape cartridge or concentrate is charged as felony possession (s. 893.13(6)(b)). The medical marijuana and hemp rules are explained in whether marijuana possession is still a crime in Florida. The weights that turn possession into trafficking are in how much of a drug makes it trafficking in Florida.

What happens to my driver license?

Many people are surprised that a drug conviction affects driving even when no car was involved. When a person 18 or older is convicted of possession, sale, trafficking or conspiracy involving a controlled substance, the court must direct FLHSMV to suspend the license for 6 months, or until the person is evaluated and, if the evaluator decides it is needed, completes a drug treatment program approved or regulated by the Department of Children and Families (s. 322.055(1)). If the person has no license yet, issuance is withheld for the same period; if the license is already suspended, the suspension is extended (s. 322.055(2), (3)). The court may, on a finding of a "compelling circumstance," allow a license restricted to business or employment purposes. How those restricted licenses work in DUI cases is explained in hardship and business-purposes licenses.

What drug courts and diversion exist in Palm Beach and Broward?

Florida law makes a person eligible for a pretrial substance abuse education and treatment program, including a treatment-based drug court, if he or she is identified as having a substance abuse problem, is amenable to treatment and is charged with a nonviolent felony, subject to the record limits in the statute (s. 948.08(6)).

• Palm Beach County Adult Drug Court. The Fifteenth Circuit describes it as a judicially supervised treatment program for nonviolent, adult, drug-involved felony defendants who live in Palm Beach County, typically lasting about a year, for people not on probation or parole and with no other open cases. Hearings are at the Criminal Justice Complex on Gun Club Road in West Palm Beach on Mondays and Thursdays at 1:30 p.m., and each participant pays $20.00 a week toward treatment and testing. On completion, the circuit says, the charges are dismissed and first-time offenders' records may be sealed or expunged. The courthouse itself is described on the Palm Beach County jail and first appearance page.
• Broward Drug Court. The Seventeenth Circuit says its program was created in 1991 and is the third oldest drug court in the nation. Its pretrial intervention track is for first-time offenders without a felony conviction, whose cases are dismissed on completion; a separate post-adjudicatory track offers treatment in place of prison for some nonviolent offenders.

Broward's other State Attorney programs, and the deadlines that can close them, are compared in pretrial diversion in Palm Beach and Broward.

What changes the answer?

• A valid prescription. Possession is lawful if the drug was obtained from a practitioner or under a valid prescription (s. 893.13(6)(a)). Pills in an unlabeled container are a common source of charges.
• Actual or constructive possession. The statute covers both. When drugs are found in a shared car or home, whether the person knew of them and could control them is often disputed.
• Knowledge of what it was. The State does not have to prove the person knew the substance was illegal; lack of that knowledge is an affirmative defense, and possession allows a permissive presumption of knowledge (s. 893.101).
• The type and weight. Fentanyl-group substances over 10 grams are a first-degree felony (s. 893.13(6)(c)); higher weights become trafficking (s. 893.135). The weight of a mixture counts, not just the pure drug.
• Intent to sell. Packaging, scales, cash or messages can turn possession into possession with intent to sell, a second-degree felony for cocaine-group drugs and a third-degree felony for cannabis-group drugs (s. 893.13(1)(a)), with higher degrees within 1,000 feet of a school, park or similar place (s. 893.13(1)(c)).
• Marijuana and driving. Impairment is a separate question; see DUI for marijuana or prescription drugs.

A worked example

For example, take a hypothetical 30-year-old stopped in West Palm Beach, with no record, whose car holds three oxycodone tablets in a mint tin and no prescription bottle. That is possession under s. 893.13(6)(a), a third-degree felony ranked at level 3 with a 5-year maximum. If he could show the tablets were prescribed to him, the possession would be lawful. If not, he might ask to enter the Adult Drug Court as a nonviolent drug-involved felony defendant who lives in the county, attend hearings at the Criminal Justice Complex, pay $20 a week, and, on completion, have the charge dismissed. If instead the case ended in a conviction, s. 322.055 would add a 6-month license suspension or a suspension until treatment was completed. This illustration is not a prediction for any case.

Common mistakes people make

• Consenting to a search or answering questions about whose items are in a shared car or room.
• Carrying prescription pills outside the original labeled bottle.
• Assuming a vape cartridge is treated like a small amount of marijuana.
• Missing the window to apply for drug court or pretrial intervention.
• Taking a plea without knowing about the license suspension in s. 322.055.
• Continuing to use while on pretrial release when testing is a condition.

What to do this week

1. Get the arrest report and note what substance, what weight and what subsection are charged.
2. Collect any prescription records, pharmacy labels or doctor information for the drug involved.
3. Write down exactly how the stop and search happened, including whether you consented.
4. If substance use is an issue, consider an evaluation now; it can matter for drug court.
5. Follow every release condition, including drug testing.
6. Speak with a defense attorney before arraignment about drug court and diversion.

Frequently asked questions

Is possession of a single pill a felony in Florida?

It can be. Possession of most controlled substances without a valid prescription is a third-degree felony at any amount (s. 893.13(6)(a)). A valid prescription is a complete answer to that charge.

Can a drug possession charge be dismissed through drug court?

In Palm Beach's Adult Drug Court and Broward's pretrial intervention drug court track, the circuits say charges are dismissed on successful completion. Entry depends on eligibility and approval.

Will I lose my license for a possession conviction?

Usually yes, for 6 months or until an evaluation and any required treatment are completed, unless the court finds a compelling circumstance for a business-purposes license (s. 322.055).

Is drug paraphernalia a crime by itself?

Yes. Using or possessing paraphernalia with intent to use it with a controlled substance is a first-degree misdemeanor (s. 893.147(1)).

Can a drug possession record be sealed?

Possession is not on the list of offenses that can never be sealed, but trafficking and manufacturing are (s. 943.0584(2)(ff), (gg)). Eligibility depends on the outcome and the record; see our records expungement page.

What is a withhold of adjudication, and why does it matter here?

A withhold means the judge does not formally adjudicate the person guilty, which can matter for sealing and other consequences. Whether a particular consequence still applies depends on how that statute defines a conviction; see what a withhold of adjudication is.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a possession case, the legality of the search, the lab results, the prescription question and drug court eligibility often decide the outcome, and they are worth reviewing early. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are charged with drug possession, a confidential call to (561) 362-6677 is a sound first step.

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