You CAN be charged with drug possession in Florida even if the drugs weren’t actually on you, says Drug Defense Lawyer
Maybe you’re confused why this is even a question - to be charged with drug possession, isn’t the whole point that you have drugs on you? Well, not exactly.
Unfortunately, in Florida, drug laws allow for someone to be able to be charged with drug possession even if you’re not actually in physical possession of drugs at the time of the arrest.
Bottom line - you do not even have to have drugs on your person to be charged with drug possession in Florida.
Florida drug laws define possession of a controlled substance (drug) as the ability to exercise the right of ownership, management, or control over the contraband or goods that have been illegally imported/exported.
The standard the state of Florida uses to determine drug possession is whether the drugs were in your “constructive possession.”
Constructive possession of drugs essentially means you knew about the drugs, and you had control over them. This could play out a number of different ways, but say you get arrested outside your home - there are no drugs on your person, but you do have drugs in your car or house. Even if you’re not in your car or your house, you can still be charged with drug possession in Florida.
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