Florida Statute §893.13 | Classification: First-Degree Misdemeanor to Third-Degree Felony (depending on substance and amount)
What Is This Charge?
Florida law makes it unlawful to knowingly possess a controlled substance without a valid prescription. The severity of the charge depends on the type of substance and the amount found in your possession.
Penalties & Fines
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Cannabis under 20 grams: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Cannabis over 20 grams: Third-Degree Felony — up to 5 years, $5,000 fine
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Cocaine (any amount): Third-Degree Felony — up to 5 years, $5,000 fine
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Heroin (any amount): Third-Degree Felony — up to 5 years, $5,000 fine
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Methamphetamine (any amount): Third-Degree Felony — up to 5 years, $5,000 fine
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Possession within 1,000 feet of a school, park, or specified location: enhanced to next degree
Additional Consequences
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Mandatory driver’s license suspension of 1–2 years
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Ineligibility for federal student financial aid
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Immigration consequences for non-citizens (potential deportation)
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Difficulty obtaining employment, housing, and professional licenses
Possible Defenses
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The search that uncovered the drugs was unlawful (Fourth Amendment challenge)
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The substance does not test positive as a controlled substance
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Constructive possession — you did not have knowledge or control of the drugs
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The drugs belonged to someone else who shared the space
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Valid prescription
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Entrapment
Why You Need a Defense Attorney
Drug possession charges often turn on the legality of the police search. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed — and without evidence, the case falls apart. An attorney will scrutinize every step of the investigation and explore diversion programs for eligible first-time offenders.
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