Law Offices of Robin C. Lemonidis. - Florida Drug Possession Law

Practice Areas > Drugs > Possession of

What would the prosecutor have to prove for me to be convicted of drug possession?
To convict you of drug possession, the prosecutor has to prove that you were in actual or constructive possession of a controlled substance. Actual possession means what you might expect: the drugs were on your person, in a container on your person, or close enough to be within easy reach.

Constructive possession means that you can be convicted even if the drugs weren't actually on you. You can be convicted based on constructive possession if the controlled substance is in a place over which you have control, or where you have concealed it.  One example of constructive possession in a place you control is drugs in a locked shed on your property. The drugs might not actually be on you, but for the law will look at them as though they're yours.

The prosecutor can even try to prove that you had constructive possession of drugs in a place that you don't control. This is much harder for the prosecutor to do. The prosecutor would have to prove that you had control of the drugs, that you knew they were in your presence, and that you knew of their illicit nature.

Read the Florida Statute on drug sale, possession, and manufacture