Defending Against Drug Possession Charges in Florida
- McMann, P.A.
- Apr 30, 2025
- 8 min read
Updated: Jul 19, 2025
Defend Your Future with Expert Help
Facing drug possession charges in Florida can be serious, but a strong defense strategy can make a significant difference. A conviction can lead to jail, fines, and a criminal record that jeopardizes jobs and immigration status. In Polk County, Sheriff Grady Judd’s aggressive enforcement resulted in 1,120 arrests in May 2025, many for drug possession, per WFLA News.
In Florida, defense strategies for drug possession charges frequently focus on disputing the prosecution's evidence and assertions. Typical defenses include questioning the legality of searches and seizures under the Fourth Amendment, claiming a lack of knowledge or intent concerning the drugs, or contending that the drugs were not the defendant's..
Additional defenses might involve questioning the laboratory's analysis of the substance, providing a legitimate medical marijuana authorization, or claiming entrapment, duress, or coercion. Defenses could also include contesting the amount of the controlled substance or alleging police misconduct.
This guide explains drug possession charges, defenses, and why you need an attorney.
What Is Drug Possession and Who Gets Charged?
Drug possession in Florida involves knowingly possessing a controlled substance (e.g., marijuana, cocaine, methamphetamine) without a valid prescription, per Florida Statutes § 893.13.
Polk County deputies often arrest during traffic stops or home searches
Elements of Possession:
Control: Actual (on your person) or constructive (within your control) possession.
Knowledge: Awareness of the substance’s presence and illegal nature.
Substance: Listed in Florida’s controlled substance schedules, per Florida Statutes § 893.03.
Penalties (Simple Possession):
Misdemeanor (e.g., Less than ≤20g marijuana): Up to 1 year jail, $1,000 fine.
Felony (e.g., cocaine, meth): Up to 7 years prison, $5,000 fine, per Nolo.
Enhanced Penalties: Intent to sell, large quantities, or school-zone violations increase penalties.
Fentanyl has faced heightened scrutiny and statutory changes in Florida due to the opioid crisis. In 2017, House Bill 477 amended Florida Statutes § 893.135 to specifically include trafficking offenses for fentanyl and its analogues, effective July 1, 2017.
This change lowered the threshold for trafficking charges to just 4 grams (compared to 28 grams for cocaine), classifying possession, sale, manufacture, or delivery of 4 grams or more as a first-degree felony with mandatory minimum sentences:
3 years for 4-14 grams (plus $50,000 fine)
15 years for 14-28 grams (plus $100,000 fine)
25 years for 28 grams or more (plus $500,000 fine)
As a result, fentanyl offenses often carry far higher punishments than cocaine possession for equivalent quantities, as even small amounts can trigger trafficking penalties with no judicial discretion to reduce below the minimums, unlike cocaine where simple possession under 28 grams is a third-degree felony without mandatory minimums.
Non-citizens may also face deportation risks
Fighting a Drug Possession Charge:
Avoid Conviction: Prevent a record impacting employment or immigration.
Diversion Programs: First-time offenders may qualify for Polk County’s drug court or pre-trial diversion, dismissing charges upon completion, per Tenth Judicial Circuit.
Reduced Charges: Negotiate felony to misdemeanor or dismissal.
Keep Your Freedom: Avoid jail through probation or treatment programs.
Without a lawyer, you risk harsh penalties in Polk County’s strict courts.
Defending against drug possession charges in Florida
Facing drug possession charges in Florida can lead to significant repercussions, including fines, imprisonment, and a criminal record that may affect future prospects. Nonetheless, several possible defenses might be applicable, contingent on the details of the case.
Unlawful search and seizure
The Fourth Amendment of the U.S. Constitution safeguards individuals from unreasonable searches and seizures. If law enforcement gathers evidence (such as drugs) through an unlawful search lacking a warrant, probable cause, or consent, that evidence might be excluded and considered inadmissible in court.
Lack of knowledge or intent
To achieve a conviction for drug possession, the prosecution must prove that you knew about the substance and had control over it. If you were not aware of the drugs or can prove they belonged to someone else, this might serve as a valid defense, especially in cases of constructive possession where drugs were discovered in a shared area under your control.
Drugs didn't belong to you
This defense claims that the controlled substance did not belong to you, thus clearing you of responsibility for its presence. It is effective if the prosecution cannot definitively connect you to the drugs.
Invalid evidence or chain of custody issues
The prosecution is required to demonstrate that the substance is an illegal drug by conducting appropriate analysis. Problems related to lab testing, contamination, or the handling and transportation of the evidence can undermine the prosecution's case.
Valid medical marijuana authorization
Having a valid medical marijuana card and complying with Florida's regulations on quantity and use can fully defend against a marijuana possession charge.
Insufficient quantity
If the quantity of the controlled substance is under the legal threshold for a possession charge, the charges could be dismissed or lessened.
Entrapment
This defense entails showing that law enforcement improperly persuaded you to commit a crime you would not have committed otherwise.
What to do if you are arrested
Remain silent:
Do not discuss the case with law enforcement without your attorney.
Do not consent to searches:
Clearly state that you do not consent if asked to search.
Request a lawyer:
Contact a criminal defense attorney specializing in Florida drug cases immediately. Early representation is vital for building a strong defense and exploring options like drug court or pretrial intervention.
Every case is distinct, and the optimal defense strategy is based on your particular situation. A seasoned Florida criminal defense lawyer can assess your case, dispute the evidence, and strive for the best result, which may include alternative programs.
How a Drug Possession Case Works in Polk County
A drug possession case follows these steps:
Arrest and Booking
Law enforcement may encounter suspected drug possession through various means, including traffic stops, calls from citizens, routine patrols, or investigative information from informants or surveillance.
Establishing probable cause:
Officers must establish probable cause – reasonable grounds to believe a crime was committed – before conducting searches or making arrests.
Search and seizure:
If officers have probable cause or a valid warrant, they can search a person, vehicle, or property.
Arrest and Miranda rights:
If drugs are found, the individual will be arrested and informed of their Miranda rights, including the right to remain silent and to an attorney.
Booking process:
Following the arrest, the individual undergoes booking, which involves fingerprinting, photographing, gathering personal information, and a basic health assessment.
First Appearance
Typically occurring within 24 hours, the judge will read the charges, ensure the defendant understands their rights, and address bail considerations.
Plea:
The defendant will enter a plea of guilty or not guilty. Most defense attorneys recommend pleading "not guilty" at this stage to keep defense options open.
Bail:
The judge determines if the defendant will be released on bail and under what conditions.
Seeking legal counsel:
Hiring a skilled criminal defense attorney specializing in drug cases is crucial at this early stage. They review the arrest report, interview the defendant, and begin building a defense strategy. They ensure the defendant's constitutional rights are protected throughout the legal process.
Pre-trial proceedings
This hearing allows the prosecutor to present evidence to a judge to determine if there's probable cause to proceed with the case.
Pre-trial conferences/Discovery:
Meetings between the prosecution and defense involve exchanging evidence, discussing potential issues for trial, and exploring potential plea agreements.
Plea bargaining:
Negotiations between the prosecution and defense often occur to reach a mutually agreeable resolution.
Charge bargaining:
Defendant pleads guilty to a lesser offense.
Count bargaining:
Prosecution dismisses some charges in exchange for a guilty plea on others.
Sentence bargaining:
Defendant agrees to a specific sentence recommendation in exchange for a guilty plea.
Judge's role:
The judge has the final authority to accept or reject a plea bargain, ensuring it is appropriate for the charges and circumstances.
Pre-trial motions:
Both sides may file motions before trial to address issues like suppressing evidence (challenging evidence obtained from illegal searches), compelling cooperation, or changing the trial location.
Trial (if no plea agreement is reached)
Potential jurors are screened to ensure impartiality.
Opening statements:
Both sides outline their case.
Prosecution's case:
The prosecution presents its evidence, including physical evidence (drugs, paraphernalia), lab reports, surveillance footage, and witness testimonies (law enforcement, experts).
Defense's case:
The defense may cross-examine prosecution witnesses, challenging their credibility or the evidence presented. They may also present their own witnesses or evidence to support their defense.
Closing arguments:
Both sides summarize their arguments and evidence.
Jury deliberations and verdict:
The jury reviews the evidence and applies the law to reach a unanimous verdict.
Sentencing and potential post-trial activities
If convicted, the judge determines the sentence based on factors like the type and quantity of the drug, the defendant's criminal history, and the specific circumstances of the offense.
Potential penalties:
These can range from probation and fines to jail time, mandatory drug treatment, or community service.
Alternative programs:
Some states offer drug courts or diversion programs, focusing on rehabilitation and potentially allowing for charge dismissal upon successful completion.
Appeals:
Convicted individuals may be able to appeal the conviction or sentence.
Real Life Case Studies
Carlos’s Story – Marijuana Possession in Lakeland
Carlos, a 22-year-old Lakeland student, was stopped on US-98 with 15 grams of marijuana in his backpack. Facing a misdemeanor and a 1-year license suspension, he searched “drug charge attorney Lakeland” and found McMann, P.A. via Justia.
Mark McMann met Carlos for a free consultation and challenged the traffic stop, arguing the deputy lacked probable cause for the search. We negotiated entry into Polk County’s pre-trial diversion program, requiring drug education classes. Carlos’s charge was dismissed after 6 months, preserving his college enrollment. Mark McMann’s expertise saved Carlos’s future.
Ana’s Story – Cocaine Possession in Bartow
Ana, a 30-year-old Bartow nurse, was arrested after police found cocaine in her car during a home search. Facing a felony and job loss, she searched “drug possession lawyer Polk County” and contacted McMann, P.A.
Mark McMann filed a motion to suppress, arguing the search violated Ana’s Fourth Amendment rights, per Florida Statutes § 933.02. We secured her entry into drug court, completing treatment instead of jail. Ana’s charge was reduced to a misdemeanor, and she kept her nursing license. Mark McMann’s advocacy protected Ana’s career.
Why You Need a Drug Possession Attorney
If you are arrested, it is recommended to stay silent, refuse consent to searches, and promptly ask for a lawyer.
Do not talk about the case with anyone other than your attorney.
Due to the intricate nature of Florida's drug laws, it is crucial to consult with a criminal defense attorney who specializes in drug cases to assess the situation, contest the evidence, and strive for a positive result.
Drug possession cases involve complex evidence (e.g., lab tests, search legality), per Florida Statutes § 893.13. Self-representation risks missing defenses like illegal searches or lack of knowledge. Mark McMann at McMann, P.A. offers:
Expert Defense: Challenges to searches, seizures, and lab results.
Local Knowledge: Experience with Bartow prosecutors and judges, per Tenth Judicial Circuit.
Compassionate Support: Guidance for first-time and repeat offenders, including non-citizens.
Affordable Fees: Flexible Payment Plans
Trusted Reputation: 5-star Avvo reviews.
Steps to Fight Your Drug Possession Charge in Polk County
Gather Details: Note the stop, search, and substance details.
Challenge Evidence: We’ll review warrants and lab reports.
Negotiate or Fight: We’ll pursue diversion, plea deals, or trial.
Protect Your Future: Avoid conviction with our help.
Table: Misdemeanor vs. Felony Drug Possession
Charge | Substance | Penalty | Fine |
Misdemeanor | ≤20g marijuana | Up to 1 year jail | $1,000 |
Felony | Cocaine, meth | Up to 7 years prison | $5,000 |
Fight Your Drug Charge—Call Mark McMann Today!
A drug possession charge in Polk County can threaten your job, freedom, and immigration status, but expert help can make a difference. At McMann, P.A., Mark McMann has defended clients like Carlos and Ana, securing dismissals and reduced charges in Lakeland and Bartow.
Don’t face Sheriff Judd’s prosecutors alone.
Call Mark McMann at (863) 393-9010 for a free consultation.
Let McMann, P.A. fight for your future in Central Florida!
Mark D. McMann
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