Drug Possession

How Florida Prosecutes the Offense
Florida prosecutes possession of a controlled substance under Chapter 893, Florida Statutes, known as the Florida Comprehensive Drug Abuse Prevention and Control Act. In Brevard County, charges are typically initiated when law enforcement alleges a controlled substance was found on the defendant’s person or in a location over which the defendant is alleged to have exercised dominion and control. Prosecutions proceed in county or circuit court depending on the offense level and are handled by the State Attorney for the Eighteenth Judicial Circuit.

What the State Must Prove
The State must prove beyond a reasonable doubt that the substance is listed as illegal under Chapter 893, that the defendant had knowledge of both the substance’s presence and its illicit nature, and that the defendant exercised control over it. Florida law recognizes actual possession and constructive possession, with constructive possession requiring proof of dominion and control together with knowledge. Failure to establish any required element mandates acquittal under Florida law.

How Charges Escalate
Simple possession may be charged as possession with intent to sell, manufacture, or deliver based on circumstantial evidence rather than drug quantity alone. In Brevard County, the State frequently relies on alleged indicators such as packaging materials, digital communications, currency, or paraphernalia associated with distribution. Florida courts permit intent-based charging when the surrounding facts support an inference of intent, even where the amount possessed is small.

Procedural and Evidentiary Issues
Possession cases often turn on search and seizure questions governed by the Florida Constitution, the Florida Rules of Criminal Procedure, and controlling appellate precedent. Evidence obtained through unlawful searches, invalid warrants, or improper detentions may be subject to suppression. Additional evidentiary issues commonly litigated include chain of custody, laboratory testing, and proof that the substance meets statutory definitions.

Penalty Exposure Under Florida Law
Penalty exposure varies by substance type and weight as set forth in Chapter 893. Possession of cannabis under 20 grams is generally charged as a first-degree misdemeanor punishable by up to one year in jail, while possession of most other controlled substances constitutes a felony offense. Depending on the schedule and quantity involved, felony penalties range from a third-degree felony carrying up to five years’ imprisonment to a first-degree felony punishable by up to thirty years.

Collateral Consequences
A conviction for possession of a controlled substance may result in consequences beyond incarceration or monetary sanctions. Florida law authorizes driver’s license suspension, probationary supervision, mandatory substance abuse evaluation or treatment, and random drug testing in qualifying cases. Drug convictions may also affect professional licensing eligibility and increase sentencing exposure in future criminal proceedings.

Statutory Classifications and Schedules
Chapter 893 classifies controlled substances into Schedules I through V based on statutory determinations of abuse potential and accepted medical use. Schedule I substances, including heroin, LSD, MDMA, and cannabis as defined by Florida statute, are designated as having no accepted medical use under state law. Schedules II through V include substances such as cocaine, fentanyl, oxycodone, ketamine, benzodiazepines, and limited-codeine preparations, with decreasing statutory severity as the schedule number increases.