Types of Drug Possession
Drug Possession is typically classified as either Actual Possession or Constructive Possession. Actual Possession means the person is aware of the presence of the substance and the substance is in the hand of or on the person, or the substance is in a container in the hand of or on the person, or the substance is so close as to be within ready reach and is under the control of the person.
Constructive Possession means the person is aware of the presence of the substance, the substance is in a place over which the person has control, and the person has the ability to control the substance.
What the State Has to Prove in Florida Drug Possession Cases
Under Florida Statue 893.13(6), to prove the crime of Drug Possession, the State must prove the defendant knew of the presence of a substance; the Defendant exercised control or ownership over that substance; and the substance is what they claim it is.
It’s important to remember that being close to the substance is not enough in itself for the State to prove Possession.
Purchase and Possession Convictions in Florida
The State can convict you for both “purchase of” and “possession of” the same drug because possession is not necessarily the lessor included offense of purchase. State v. Houghtailing, 704 So. 2d 163, 164 (Fla 5th DCA 1998).
Contact a Qualified Drug Possession Defense Attorney
At Frost Law, we have experience with many drug-related cases and are committed to working aggressively on your defense.
Please call us at 407-670-5669 today or contact us on our website for information and help with your drug possession case.