Getting arrested for drug possession in Florida can turn your life upside down. You may be facing serious charges, even if the amount was small or you didn’t know the drugs were there. Prosecutors don’t take these cases lightly—and neither do we.
At the Law Offices of Jose E. Lopez, we understand how stressful it is to be accused of a crime. We’re here to fight for your rights and help you achieve the best possible outcome. Contact us today to speak with an Orlando drug crimes attorney—se habla Español.
What Counts as Drug Possession in Florida?
Drug possession means you’re accused of having a controlled substance either on your person or in a place you control, like your car or home. Florida law separates possession into two types:
- Actual possession – The drug is found on your body, like in your hand or pocket.
- Constructive possession – The drug is found in an area you control, but not directly on you, such as under your seat or in a shared apartment.
Common substances in possession cases include:
- Marijuana (even in small amounts)
- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
- Prescription drugs like Xanax or Oxycodone without a valid prescription
Penalties for Drug Possession
Florida law draws a sharp line between misdemeanors and felonies based on the type and amount of drug involved. Here’s what you might be up against:
Marijuana (20 grams or less)
- First-degree misdemeanor
- Up to 1 year in jail and a $1,000 fine
Cocaine (less than 28 grams)
- Third-degree felony
- Up to 5 years in prison and a $5,000 fine
Heroin or fentanyl (under 4 grams)
- Third-degree felony
- Similar penalties to cocaine possession
You face harsher penalties if:
- You’ve been convicted before
- The drugs were found near a school, park, or daycare
- There’s evidence of intent to sell
Defenses Against Drug Possession Charges
Every possession case deserves a close look. The outcome often depends on the details—how the drugs were found, who had access to them, and whether the law was followed.
Common defenses include:
- Illegal search and seizure – Evidence collected without a proper warrant or probable cause may be thrown out. Police must follow strict procedures, and when they don’t, that can work in your favor.
- Lack of knowledge – Prosecutors must prove that the accused knew about the presence of the drugs. Simply being near a substance isn’t enough to prove guilt.
- Prescription defense – Having a valid prescription can be a complete defense when charged with unlawful possession of medication.
- No control over the location – When drugs are found in a shared space or someone else’s property, it can be challenging to prove who actually possessed them.
At the Law Offices of Jose E. Lopez, we examine every angle to build a strong, fact-based defense that gives our clients the best possible chance.
Alternatives to Jail for First-Time Offenders
If you don’t have a prior record, you may qualify for a program that keeps you out of jail—and keeps a conviction off your record. These options include:
- Pretrial diversion – Complete treatment or community service in exchange for dismissal
- Drug court – A supervised rehabilitation program for eligible defendants
- Withhold of adjudication – You avoid a formal conviction if you meet certain conditions
How the Law Offices of Jose E. Lopez Can Help
Our team has extensive experience handling drug possession cases in Orlando and throughout Central Florida. We know the local courts, the prosecutors, and the strategies that can make a real difference.
When you hire us, you can count on us to listen, respond, and fight hard for you from day one. We build our defense around the facts of your case and work to achieve the best possible outcome.
We challenge unlawful police searches, question weak evidence, and work to reduce or dismiss charges wherever possible. In some cases, we’ve helped clients avoid jail entirely through diversion programs or plea deals that protect their record.
Trust the Law Offices of Jose E. Lopez to guide you through the criminal justice system and protect your rights at every step.
Defending People in Orlando Against Drug Possession Charges
If you’ve been charged with drug possession in Orlando, don’t wait to get help. The sooner we get involved, the more options you may have. Call the Law Offices of Jose E. Lopez now for a free, confidential consultation. Let’s start building your defense today.