St. Petersburg drug possession lawyer

Florida drug possession penalties

Under section 893.13 of the Florida Statutes, possessing a controlled substance without a valid prescription is a third-degree felony. That covers cocaine, methamphetamine, heroin, MDMA and most pills, and it carries up to 5 years in prison and a $5,000 fine. Possession of 20 grams or less of cannabis is a first-degree misdemeanor. Over 20 grams, it becomes a felony.

Pills are a common source of confusion. Holding oxycodone, Xanax or Adderall that wasn't prescribed to you is charged the same way as any other controlled substance, as a third-degree felony. A prescription drug that isn't a controlled substance falls under section 499.03, and possessing it without a prescription is a second-degree misdemeanor. Drug paraphernalia, such as pipes, scales and baggies, is a first-degree misdemeanor under section 893.147, and it is often added to a possession charge.

The ladder below shows the maximum jail or prison time and fine for each level of Florida offense, so you can see where your charge sits.

A conviction for possessing or selling a controlled substance also brings a 6-month driver's license suspension under section 322.055. Before a 2019 change in the law it was a full year. The judge can allow a business-purpose license if there is a compelling reason, and we ask for one when it applies.

How drug possession charges are defended

To convict you, the State has to prove you knew the drugs were there and that you had control over them. If they were in your pocket, that's actual possession. If they were in a console, a shared bedroom or a car with other people in it, the State calls it constructive possession, and it needs more proof than the fact that you were nearby. A lot of Pinellas County cases fall apart on that point.

We also look closely at how the drugs were found. Was there a lawful reason for the stop? Did you give consent to the search, or did the officer just go ahead? Was the warrant based on reliable information? If the search was illegal, we file a motion to suppress, and without the evidence the State usually can't go forward.

Then there is the lab work. The substance has to be tested and weighed by a qualified analyst, and the chain of custody between the scene and the lab has to hold up. Weight is especially important in trafficking cases, where a few grams can be the difference between probation and a minimum mandatory prison term.

Possession with intent to sell in Florida

Selling a controlled substance, or possessing it with intent to sell, is a second-degree felony for cocaine, heroin and most other hard drugs, with up to 15 years in prison. For cannabis and many prescription drugs, it is a third-degree felony. Prosecutors often try to show intent with circumstantial evidence: baggies, a scale, cash or text messages. Those items have innocent explanations more often than police reports admit.

Location changes the charge. Selling or possessing with intent to sell within 1,000 feet of a school, child care facility, park or community center raises the offense one degree. For cocaine and similar drugs near a school, that means a first-degree felony with a 3-year minimum prison sentence.

Drug trafficking charges in Pinellas County

Trafficking under section 893.135 is based on weight, and you don't have to be selling anything. Possessing enough of a substance is trafficking on its own. Each level comes with a minimum mandatory prison sentence and a fine the judge can't go below:

• Cannabis, 25 pounds or more (or 300 plants): 3 years and $25,000.
• Cocaine, 28 grams or more: 3 years and $50,000, rising to 15 years at 400 grams.
• Oxycodone, 7 grams or more: 3 years and $50,000.
• Fentanyl, 4 grams or more: 7 years and $50,000, rising to 25 years at 28 grams.
• Methamphetamine, 14 grams or more: 3 years and $50,000.

Pill weight is the full weight of the pills, binders included, so a modest number of tablets can cross a trafficking line. A judge can't withhold adjudication on a trafficking charge, and a trafficking conviction can never be sealed or expunged. Doug Greenberg started his career as a state prosecutor, and he knows the kinds of weaknesses that lead the State to reduce a trafficking charge to simple possession or to an amount below the minimum mandatory.

Is marijuana legal in Florida?

Recreational marijuana is still illegal in Florida as of 2026. Amendment 3 got about 56 percent of the vote in 2024, short of the 60 percent a constitutional amendment needs, and no legalization measure is on the 2026 ballot. Possession of 20 grams or less without a medical card remains a first-degree misdemeanor.

Medical marijuana is legal for patients on the state registry under section 381.986. The protection has limits. The marijuana has to come from a licensed treatment center and stay in its original packaging, and you have to show your registry card when an officer asks. Smoking or using it in a vehicle or in a public place is generally not allowed. We see card holders charged after a traffic stop because a product was out of its container or bought somewhere else, and those cases are often defensible.

Drug court and PTI in Pinellas County

If a judge adjudicates you guilty of a felony in Florida, you become a convicted felon. You lose the right to own a firearm, and your voting rights are suspended until every term of the sentence is finished. Avoiding that result is often the first goal in a drug case.

Pinellas County Adult Drug Court is a treatment program for people charged with nonviolent felonies who have a substance abuse problem. You go to court regularly, take drug tests and complete treatment. Under section 948.08, when you finish, the charge is dismissed. Pre-Trial Intervention works in a similar way for some first offenders. The State can keep people it believes were dealing out of drug court, so how the case is presented at the start makes a difference. A dismissal also opens the door to sealing or expunging the arrest record.

If you were charged with a felony drug offense, our felony defense page explains how sentencing works in Florida.