How to Defend Against Drug Possession Charges in Florida

November 13, 2025

How to Defend Against Drug Possession Charges in Florida

Drug possession charges in Florida carry severe legal consequences that can impact every part of your life — from your freedom and finances to your reputation and career. Even a seemingly minor possession case can lead to steep fines, probation, or jail time, especially if prosecutors allege intent to sell or distribute.


At Demmery Law, PLLC, we understand how stressful these cases can be. As a dedicated Fort Lauderdale drug crimes attorney, Tanner Demmery provides aggressive, strategic defense for clients facing both state and federal drug possession charges. He works tirelessly to challenge the prosecution’s evidence, protect your rights, and pursue the best possible outcome for your case.


📞 Call 954-466-7440 today to schedule a confidential consultation with a criminal defense lawyer in Fort Lauderdale.


Florida Drug Possession Laws Explained

Under Florida Statutes § 893.13, it is illegal to possess a controlled substance without a valid prescription. The law distinguishes between two main types of possession:


  • Actual possession: When drugs are found on your person (for example, in your hand, pocket, or bag).
  • Constructive possession: When drugs are found in a place you control (such as your car or home), and prosecutors claim you knew about them and had access.


Possession charges can range from a first-degree misdemeanor to a first-degree felony, depending on the substance and amount. Common examples include:


  • Marijuana (over 20 grams) – Felony, punishable by up to 5 years in prison.
  • Cocaine, heroin, methamphetamine, or prescription opioids – Felony, punishable by 5–15 years in prison.
  • Possession with intent to sell – Felony, carrying even harsher penalties.


Potential Defenses to Drug Possession Charges

Every case is different, but a strong defense begins with a thorough review of the facts and evidence. Tanner Demmery takes a strategic, detail-oriented approach to identify weaknesses in the prosecution’s case. Some of the most common defenses include:


1. Illegal Search and Seizure

The Fourth Amendment protects you from unlawful searches by police. If law enforcement obtained evidence without a valid warrant or probable cause, that evidence can often be suppressed — weakening or even dismissing the case.


2. Lack of Knowledge

Prosecutors must prove that you knew the drugs were present. If you genuinely had no knowledge of the substance or its presence in your vehicle or residence, this defense may apply.


3. Lack of Possession

In constructive possession cases, the state must prove you had control over the drugs. Simply being near illegal substances does not automatically mean possession.


4. Chain of Custody Errors

If the evidence was mishandled, mislabeled, or improperly stored, your attorney can challenge the integrity of the prosecution’s evidence.


5. Entrapment

If police induced or coerced you into committing an offense you would not otherwise have committed, your attorney can argue that entrapment occurred.


6. Valid Prescription

If the substance in question was legally prescribed to you, presenting documentation may lead to dismissal or reduced charges.


The Importance of Acting Quickly

Time is critical in drug possession cases. The earlier you contact a defense attorney, the sooner evidence can be reviewed, witnesses can be interviewed, and your rights can be protected. Waiting too long can allow the prosecution to build a stronger case against you.


At Demmery Law, PLLC, Tanner Demmery conducts a thorough case assessment immediately — identifying procedural errors, rights violations, or factual inconsistencies that can strengthen your defense.


The Consequences of a Conviction

A conviction for drug possession in Florida can have life-changing repercussions, including:


  • Jail or prison time
  • Heavy fines and court costs
  • Loss of driver’s license
  • Difficulty obtaining employment or housing
  • Ineligibility for certain professional licenses


Even after serving time, a drug conviction can leave a permanent mark on your record. That’s why aggressive, early defense representation is essential.


Why Choose Demmery Law, PLLC

As a former prosecutor turned defense attorney, Tanner Demmery brings a unique perspective to every case. He knows how the state builds its arguments — and how to dismantle them effectively. His commitment to each client extends beyond the courtroom, offering guidance, communication, and compassion throughout the process.


When your freedom and future are on the line, you deserve a defense that’s strategic, thorough, and determined.


Protect Your Rights and Your Future

If you’ve been charged with drug possession in Fort Lauderdale or anywhere in South Florida, don’t face the system alone. Get the skilled representation you need to protect your rights and your future.

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