Constructive Possession of Controlled Substances in Florida: What You Need to Know

As a criminal defense law firm serving Polk County and the broader Tenth Judicial Circuit, we often encounter cases where individuals face serious charges based on the concept of “constructive possession.” Many people mistakenly believe they can only be charged if they’re physically holding drugs or other controlled substances. However, in Florida, being in the mere proximity of illegal substances can lead to criminal charges.

Here’s what you should know about constructive possession, the nuances of this area of law, and how simply riding in someone else’s vehicle could potentially result in severe consequences.

What is Constructive Possession?

Constructive Possession of Controlled Substances in Florida extends beyond physical possession. Under Florida law, a person can be charged with possessing controlled substances even if they are not holding or touching the drugs. Prosecutors can allege constructive possession if:

• The person knows the drugs are present.

• The person has control over, or the ability to exercise control over, the location where the drugs are found.

  
  

These elements mean that even if you are not the owner of a vehicle or the one who placed drugs in it, you could still be charged if law enforcement believes you knew of their presence and had some level of control over the vehicle.

The Problem with Riding in Someone Else’s Vehicle

Consider this scenario: you’re catching a ride with a friend or acquaintance and have no reason to believe they are transporting anything illegal. However, if law enforcement pulls over the vehicle and finds drugs within reach or view—like in the center console, glove compartment, or floorboard—you could be implicated.

If the drugs are found in a place where both you and the driver could access them, prosecutors may argue that you exercised “dominion and control” over the area, meaning you knew about and had control over the drugs. You could then face charges for possession, even if you had no intention of having anything to do with the drugs.

Nuances of Constructive Possession Charges in Florida

Constructive possession cases hinge on proof of knowledge and control. Here’s what can impact these cases:

Lack of Knowledge: The State must prove you knew the drugs were in the car. If you genuinely did not know, this can serve as a defense. Knowledge is often inferred from the location of the drugs and your relationship to the vehicle or other occupants.

Accessibility and Proximity: The location of the drugs matters significantly. If drugs are found in a locked compartment only accessible to the driver, it may be harder to argue constructive possession against a passenger. However, drugs in shared spaces like the center console or glove compartment could strengthen the prosecution’s case.

Exclusive vs. Shared Control: Prosecutors often consider whether you have “exclusive” access to the drugs. In cases where multiple people are in a vehicle, it can be more difficult for the State to show any one person had control. If it’s unclear who the drugs belong to, the case may be weaker against a specific individual.

Potential Consequences for Possession in Florida

The stakes in a constructive possession case can vary dramatically depending on the type and quantity of drugs found:

Marijuana Possession: In Florida, possession of under 20 grams of marijuana is generally a misdemeanor. However, possession of more than 20 grams is a felony, carrying potential prison time. If there’s enough marijuana in the vehicle, even an unsuspecting passenger could be charged with felony possession.

Harder Drugs (Cocaine, Meth, Fentanyl): Possession of controlled substances like cocaine, methamphetamines, or fentanyl can lead to felony charges right from the start. What may be even more severe is if the quantity of these substances meets the threshold for trafficking charges. Florida’s trafficking laws have harsh mandatory minimum sentences, even for first-time offenders, and possessing a large quantity of a controlled substance—even without intent to sell or distribute—could subject someone to these penalties.

Drug Paraphernalia: It’s also important to consider that drug paraphernalia—pipes, syringes, scales, etc.—found in the vehicle can add to the charges and further complicate your legal situation. In some cases, even being near paraphernalia can make proving “lack of knowledge” more difficult in constructive possession defenses.

Protecting Yourself: Awareness and Caution

If you find yourself in a situation where you’re riding in someone else’s car, it’s wise to be mindful of the risks associated with constructive possession. You could be fully unaware of any drugs present, yet proximity and access could still land you in legal trouble.

A few practical precautions include:

• Know who you’re riding with: Familiarity with the driver or owner of the vehicle may not prevent all risk but can provide some peace of mind.

• Understand your rights: You do not have to consent to searches of your person or belongings if you’re stopped by police. Politely declining a search may prevent evidence from being seized.

  
  

Defending Against Constructive Possession Charges

If you or someone you know is facing constructive possession charges, experienced legal representation is crucial. Defenses against constructive possession typically involve challenging the prosecution’s evidence of knowledge and control. For example:

• Demonstrating lack of knowledge that the drugs were present can be effective if you genuinely did not know they were there.

• Questioning the control element can be powerful, especially in a shared vehicle scenario where it’s unclear who the drugs belong to.

Constructive possession charges are complex and hinge on subtle facts about knowledge, control, and access. Because of these nuances, anyone facing such charges should speak with an attorney immediately to understand their rights and defenses. Even being a passenger in the wrong car at the wrong time can lead to serious charges and long-term consequences, so it’s important to be aware of the risks and prepared with knowledgeable legal guidance.

 Mark D. McMann

McMann, P.A.

1700 South Florida Ave.

Lakeland, Florida 33803

863-393-9010

 www.mcmannpa.com