{"id":372555,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-drug-possession-laws.html"},"modified":"2024-10-25T08:48:04","modified_gmt":"2024-10-25T13:48:04","slug":"florida-drug-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-drug-possession-laws.html","title":{"rendered":"Florida Drug Possession Laws"},"content":{"rendered":"\n
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Florida Drug Possession Laws<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Florida, having a bottle of pills in your glove compartment could spiral into a serious legal nightmare. The drug possession laws in the state are comprehensive and cover both actual and constructive possession of controlled substances.<\/p>\r\n

The illegal possession of drugs in your pocket is a clear crime. If law enforcement finds drugs on your countertop, you can face penalties under constructive possession. The spoon next to your sink is possible drug paraphernalia<\/a>. This article examines the intricacies of Florida\u2019s drug possession laws and the elements the prosecutor needs to prove to secure a felony conviction.<\/p>\r\n

Overview of Florida Drug Possession Laws<\/b><\/h2>\r\n

Florida laws recognize two types of possession of controlled substances: actual possession and constructive possession<\/a>. Actual possession occurs when an individual has direct control over the substance. Having a controlled substance in your pocket is actual possession.<\/p>\r\n

Constructive possession covers instances when a person controls the location where law enforcement officials found the substance. Having it on your person isn’t required. You’re responsible for a substance found in your kitchen cabinets or a box on your nightstand.<\/p>\r\n

The Florida statute prohibits a person from having actual or constructive possession of a controlled substance without proper authorization or prescription. Possession penalties apply.<\/p>\r\n

Elements of a Drug Possession Charge<\/b><\/h2>\r\n

The prosecution should prove the following key elements to secure a conviction for drug possession in the state of Florida.<\/p>\r\n