Drug Charges We Defend in Florida
Florida drug offenses range from misdemeanors to serious felonies carrying mandatory prison sentences. As an experienced drug charges attorney and drug crimes lawyer, Stephen G. Cobb represents clients facing a wide range of charges.
Misdemeanor Drug Possession
Possession of 20 grams or less of cannabis and certain drug paraphernalia offenses can result in up to one year in jail and a $1,000 fine.
Felony Drug Possession
Possession of cocaine, heroin, methamphetamine, and certain other controlled substances can lead to felony charges. Our drug possession attorney can evaluate the evidence and identify possible defenses.
Possession With Intent to Distribute
Packaging materials, scales, cash, and other evidence may be used to allege intent to sell or deliver drugs. Our drug charges lawyer challenges unsupported allegations and examines whether the prosecution can prove its case.
Drug Trafficking
Florida trafficking laws impose severe penalties based on drug type and quantity. An experienced Florida drug trafficking attorney can challenge drug weight calculations, laboratory results, and search procedures.
Marijuana & THC Offenses
Unauthorized possession of cannabis, THC concentrates, or certain derivatives may result in misdemeanor or felony charges, depending on the product and circumstances.
Prescription Drug Violations
Unlawful possession of controlled prescription medications can lead to criminal charges. We examine prescription records, medical authorization, and the evidence supporting the allegations.
What the State Must Prove in a Florida Drug Possession Case
Under Florida Statute § 893.13, prosecutors generally must establish three elements to secure a conviction for unlawful drug possession:
- The substance was controlled. The material involved was a controlled substance covered by Florida law.
- The defendant knew the substance was present. The accused was aware of its presence.
- The defendant possessed or controlled it. The evidence establishes actual or constructive possession.
Importantly, Florida law does not require prosecutors to prove that the defendant knew the substance was illegal. However, Florida Statute § 893.101 allows lack of knowledge of its illicit nature to be raised as an affirmative defense.
Proving these elements can be particularly challenging when drugs are discovered in shared vehicles, residences, or other spaces accessible to multiple people.
How We Defend Drug Possession Charges in Florida
Every drug case is different. As a drug crimes attorney, Stephen G. Cobb himself examines the evidence, police conduct, and legal requirements to identify possible defenses.
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Unlawful Searches and Seizures
Evidence obtained through an unconstitutional traffic stop, search, or detention may be subject to suppression.
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Actual vs. Constructive Drug Possession
Florida law recognizes two forms of possession: actual and constructive. Simply being near illegal drugs does not automatically establish possession. We examine access to the substance, where it was discovered, and whether the evidence establishes the required knowledge and control.
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Laboratory and Evidence Errors
We review drug testing, evidence handling, and chain-of-custody records for issues that could weaken the prosecution's case.
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Lawful Possession and Medical Authorization
A valid prescription or other lawful authorization may provide a defense to certain possession charges. We examine medical records, prescription documentation, and applicable legal exceptions.
Our approach may involve challenging evidence, negotiating with prosecutors, seeking dismissal where legally supported, or preparing for trial.
Drug Possession Penalties in Florida
Under Florida Statute § 893.13, penalties depend on the substance, quantity, charge, and circumstances of the offense.
| Charge | Potential Penalty |
|---|---|
| First-degree misdemeanor | Up to 1 year in jail and $1,000 in fines |
| Third-degree felony | Up to 5 years in prison and $5,000 in fines |
| Second-degree felony | Up to 15 years in prison and $10,000 in fines |
| First-degree felony | Generally up to 30 years in prison, with fines and exceptions determined by law |
| Drug trafficking | Substance-specific mandatory minimum sentences and substantial fines |
These are general statutory maximums or sentencing descriptions, not guaranteed outcomes. Specific charges, enhancements, and sentencing provisions can affect the penalties.
Additional Consequences of a Drug Conviction
Beyond fines and incarceration, a conviction may affect employment, professional licenses, driving privileges, immigration status, and eligibility for record sealing or expungement. A Florida drug possession defense lawyer can explain the potential consequences of your charges and evaluate your legal options.
PTI and Drug Court Options for First-Time Drug Charges
A first-time drug possession charge does not automatically result in jail time or a criminal conviction. Depending on the offense, criminal history, and eligibility requirements, some defendants may qualify for alternatives to traditional prosecution.
Pretrial Intervention (PTI)
Eligible defendants may participate in a supervised program involving counseling, education, treatment, or other requirements. Florida provides for qualifying felony pretrial intervention under § 948.08 and misdemeanor substance abuse intervention under § 948.16.
Drug Court Programs
Certain defendants may qualify for treatment-based drug court programs, which can include substance abuse treatment, monitoring, and court supervision.
Negotiated Resolutions
Depending on the evidence and circumstances, an attorney may pursue reduced charges, negotiated dispositions, or other available resolutions.
Successful completion of a qualifying diversion program may lead to dismissal of charges. However, eligibility and outcomes depend on the applicable program and individual circumstances.
The Florida Drug Case Process, From Arrest to Resolution
After a drug possession arrest, you may be booked into jail and brought before a judge for an initial appearance. The court may address bond, release conditions, and other immediate matters. Depending on the case, the next stages may include:
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Formal Charges and Arraignment
Prosecutors determine the charges, and the defendant enters a plea.
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Evidence Review
The defense examines police reports, laboratory findings, witness statements, and other relevant evidence.
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Pretrial Proceedings
Attorneys may file motions, challenge evidence, or negotiate possible resolutions.
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Trial or Case Resolution
The case may proceed to trial or conclude through dismissal, diversion, or another legally available disposition.
Early legal representation can help protect your rights and preserve evidence that may be important to your defense.
Why Hire Cobb Law Firm for Your Drug Possession Case
We examine the evidence, explore available legal options, and develop a strategy based on your charges and circumstances.
More Than Three Decades of Florida Criminal Defense
Since 1990
Stephen G. Cobb, BCS, has practiced criminal defense in Florida since 1990.
10,000+ criminal cases handled
He has handled more than 10,000 criminal cases, ranging from misdemeanor DUI allegations to first-degree murder cases.
Board Certified
He is a Florida Bar Board Certified Criminal Trial Law Specialist and was most recently recertified in 2023.
Northwest Florida
Born, raised, and practicing locally. If you are searching for a drug possession lawyer in Destin, Fort Walton Beach, or the surrounding area, Cobb Law Firm offers local criminal-defense experience together with extensive courtroom experience.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
What Clients Say
Real reviews from people who spoke with Stephen G. Cobb about their case.
“We had a very professional consultation with Mr. Cobb. I appreciated his factual and honest legal opinion, which was exactly what I was looking for. He was also extremely patient and friendly.”
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“I really appreciated Mr. Cobb steering me in the right direction regarding my legal matter. He was very helpful and honest.”
Frequently Asked Questions
What should I do after a drug possession arrest in Florida?
Remain calm, exercise your right to remain silent, and request an attorney before answering questions about the allegations. Contact an experienced drug possession lawyer as soon as possible.
Can drug possession charges be dismissed in Florida?
Yes. Charges may be dismissed when evidence is insufficient, constitutional violations affect the prosecution’s case, or an eligible defendant completes a qualifying diversion program. Dismissal depends on the circumstances.
Can a Florida drug possession attorney help me avoid jail?
A Florida drug possession attorney can assess whether diversion programs, negotiated resolutions, or other legal options may be available. Eligibility depends on the charges, criminal history, and program requirements.
What's the difference between possession and drug trafficking?
Simple possession generally involves unlawful possession of a controlled substance. Trafficking charges can arise when the quantity meets statutory thresholds, even without evidence of intent to sell. A drug trafficking attorney can evaluate the applicable thresholds and evidence.
How much jail time can you get for drug possession in Florida?
Possession of most controlled substances is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. The actual outcome depends on the substance, the amount, and your record, and some first-time defendants may qualify for diversion.
Can a drug possession conviction affect my criminal record?
Yes. A conviction may remain on your record and affect employment or licensing opportunities. In Florida, an adult conviction generally cannot be sealed or expunged. If the case is dismissed or the court withholds adjudication, you may be eligible to seal or expunge the record.
What is the 33-day rule in Florida?
If you are held in jail after an arrest, the state generally has 30 days to file formal charges. If it does not, the court must order your release on the 33rd day, or on the 40th day if the state shows good cause. Release does not end the case, and charges can still be filed later.
Speak With a Florida Drug Possession Attorney Today
Facing drug charges in Destin, Fort Walton Beach, Pensacola, Crestview, Panama City, or elsewhere in Northwest Florida? Cobb Law Firm provides criminal defense representation for possession, distribution, and trafficking allegations. Whether you need a Florida drug possession lawyer or a drug trafficking attorney, we’re ready to evaluate your case.