Possession - If you have been charged with the possession of a controlled substance under Florida Statutes, the State must prove not only that the substance was one of the enumerated substances controlled by Florida Law, but also that you were in possession of the substances at the time of your arrest. The State can prove possession in one of two ways.  First, the controlled substance may be in your actual possession having been found on  your person, in your hand, in your pocket, or in a purse or backpack attached to your body.  For obvious reasons, actual possession of controlled substances is a much easier for the State to prove. Alternatively, the State may attempt to prove your possession of a controlled substance which was in a vehicle in which you were a passenger, a house which you may have shared with others, or in a public location in your vicinity. Merely being close to suspected drugs is not sufficient to meet the State's obligation to prove constructive possession.

Penalties - Many drug offenses carry minimum mandatory criminal penalties.  Also, convictions of any enumerated drug offense may result in a suspension of your driving privilege for up to two (2) years. Penalties for various drug offenses may range from misdemeanor sentences for possession of a small amount (less than 20 grams) of marijuana or drug paraphernalia (pipes, bags, papers, razor blades, or soda cans) used in the consumption of drugs, to felony convictions for possession of large quantities of drugs, possession of prescription or otherwise regulated drugs or the sale/delivery of drugs.