Whether you were found with marijuana, prescription medication, or another controlled substance, a drug possession charge can carry serious consequences for your future. At Filler & Hedum Family Law Firm, we help you understand what you’re facing and what comes next. With former prosecutor Sam Filler and retired Detective Sergeant Kelly Hedum on your side, you receive honest guidance and direct support from attorneys who know the criminal justice system from multiple perspectives.
Drug Possession in Florida:
What You Need to Know
Florida law makes it illegal to knowingly possess certain controlled substances without a prescription or legal authorization. Drug possession charges can involve marijuana, cocaine, heroin, methamphetamine, fentanyl, illegally obtained prescription medications, and other controlled substances. Depending on the type and amount of the substance involved, you may be facing either misdemeanor or felony charges.
The prosecution must prove that you knew the substance was present and that you had control over it. Possession does not always mean a substance was found in your pocket. In some cases, prosecutors may allege “constructive possession” when drugs are discovered in a vehicle, home, or other shared space. A conviction can result in fines, probation, a criminal record, driver’s license consequences, and even jail or prison time.
What Are the Degrees of Drug Possession Charges in Florida?
- First-Degree Misdemeanor Possession
- Second-Degree Misdemeanor Possession
- Third-Degree Felony Possession
- First-Degree Felony Possession
- Enhanced Penalties
Possession of 20 grams or less of cannabis is generally charged as a first-degree misdemeanor in Florida. A conviction may result in up to one year in county jail, up to 12 months of probation, and a fine of up to $1,000. Courts may order substance abuse treatment, community service, or home detention. Once possession exceeds 20 grams, the offense may be charged as a felony.
Possession of certain Schedule V controlled substances may be charged as a second-degree misdemeanor. Schedule V drugs generally have accepted medical uses and a lower potential for abuse than substances in Schedules I through IV. A conviction can result in up to 60 days in jail, six months of probation, and a fine of up to $500, along with other court-ordered conditions.
Possession of many Schedule I or Schedule II controlled substances is typically charged as a third-degree felony. These include drugs such as heroin, cocaine, methamphetamine, LSD, MDMA, fentanyl, and certain prescription medications without a valid prescription. A conviction may result in up to five years in prison, five years of probation, and fines of up to $5,000.
Drug possession involving larger quantities of certain controlled substances may trigger Florida’s trafficking laws, even when there is no evidence of distribution. Possession of more than 10 grams of specific Schedule I or Schedule II substances can result in a first-degree felony charge. Penalties may include up to 30 years in prison, fines of up to $250,000, and mandatory minimum prison sentences depending on the drug and quantity involved.
Florida law imposes enhanced penalties in certain situations. Drug possession offenses committed within 1,000 feet of a school, childcare facility, public park, public housing facility, community center, or place of worship can lead to more severe consequences. Penalties may also increase when prosecutors allege possession with intent to sell, manufacture, or deliver a controlled substance, exposing you to significantly harsher felony charges and sentencing.
How We Help With Drug Possession Cases in Oviedo
When you hire Filler & Hedum, Kelly and Sam personally review every detail of your arrest, from the traffic stop and search to the handling and testing of the alleged controlled substance. We carefully examine whether law enforcement had legal grounds for the stop, search, and seizure, challenge weak evidence when appropriate, and explore diversion or treatment-based options when available. Throughout the process, you work directly with us, not an assistant or case manager.
FAQs
What if the Drugs Belonged to Someone Else?
Simply being near a controlled substance does not make you guilty of possession. The prosecution must prove that you knew about the substance and exercised control over it. If drugs were found in a shared vehicle, home, or apartment, ownership and knowledge can become important issues in your defense.
What Is a Diversion Program?
Diversion programs are designed to help eligible individuals avoid a criminal conviction by completing certain requirements, such as substance abuse treatment, counseling, community service, or regular court monitoring. Successful completion may result in reduced charges or dismissal. Eligibility varies by county, offense, and criminal history.
Will a Drug Possession Conviction Stay on My Record?
A conviction can create a permanent criminal record that affects employment opportunities, professional licenses, housing applications, and educational opportunities. Depending on the circumstances, you may be eligible for record sealing or expungement in the future.
Filler & Hedum:
There When You Need ‘Em!
A drug possession charge does not have to define your future. When you turn to Filler & Hedum, you work directly with Sam Filler, a former prosecutor, and Kelly Hedum, a retired Detective Sergeant who understands how drug investigations are conducted. We provide honest advice, straightforward answers, and dedicated representation. If you are facing drug possession charges anywhere in Seminole County, contact us for a free case evaluation.
