Florida's Cocaine Possession Laws and Penalties
Florida takes cocaine-related offenses seriously, and possession of even a small amount can result in felony charges. If you have been arrested for cocaine possession, it is critical to understand how state law classifies different amounts of the drug, what penalties you could face, and how a strong defense can help protect your future.
Florida’s Cocaine Possession Laws
Under Florida Statutes § 893.13, cocaine is classified as a Schedule II controlled substance, meaning it has a high potential for abuse but has some accepted medical uses under strict regulation. Because of its classification, possession, sale, trafficking, or distribution of cocaine carries severe penalties.
When Does Cocaine Possession Become a Felony in Florida?
Unlike some other controlled substances, any amount of cocaine is a felony under Florida law. If you are caught with cocaine in your possession, you will likely be charged with third-degree felony possession under Florida Statutes § 893.13(6)(a).
What Are the Penalties for Possession of Cocaine in Florida?
- Third-Degree Felony (Any Amount Up to 28 Grams)
- Up to 5 years in prison
- Up to 5 years of probation
- Fine of up to $5,000
- Driver’s license suspension for one year
- Possible mandatory drug treatment
Once the amount exceeds 28 grams, Florida law considers it trafficking, which leads to much harsher penalties.
- Trafficking in Cocaine (28 Grams or More) – First-Degree Felony
- 28–199 grams: Minimum 3 years in prison, $50,000 fine
- 200–399 grams: Minimum 7 years in prison, $100,000 fine
- 400 grams–149 kilograms: Minimum 15 years in prison, $250,000 fine
- 150 kilograms or more: Life in prison
Florida has mandatory minimum sentencing laws, meaning that if convicted of trafficking, the judge has no discretion to sentence you below the required minimum.
How Florida Prosecutes Cocaine Possession Cases
To convict someone of cocaine possession, the prosecution must prove the following elements beyond a reasonable doubt:
- The substance was cocaine – Lab testing is required to confirm that the substance in question is actually cocaine.
- The defendant knew about the cocaine – You cannot be convicted if you were unaware that the cocaine was in your possession.
- The defendant had control over the cocaine – This is where cases often become complicated.
Actual vs. Constructive Possession
Florida law recognizes two types of possession:
- Actual Possession: The cocaine is found on your person (in your hand, pocket, or bag). This type of possession is more straightforward to prove.
- Constructive Possession: The cocaine is found near you, but not on you. Prosecutors must prove you had knowledge and control over the substance.
For example, if cocaine is found in a car where multiple people are present, the state must establish that you knew about it and had the ability to control it. Without clear evidence, these cases can often be challenged.
Defenses Against Cocaine Possession Charges
Just because you are arrested for cocaine possession does not mean you will be convicted. There are multiple defenses that can be used to challenge the case.
Illegal Search and Seizure
Under the Fourth Amendment, law enforcement must follow strict guidelines when conducting searches. If officers found cocaine in your home, car, or on your person without a valid warrant or probable cause, the evidence could be suppressed.
Lack of Knowledge
If you genuinely did not know the cocaine was present, this could be a strong defense. For example, if someone left cocaine in your vehicle or home without your knowledge, proving lack of awareness could lead to dropped charges.
Lack of Control Over the Cocaine
In constructive possession cases, the prosecution must prove that you had both knowledge and control over the cocaine. If you were in a shared space where drugs were found but had no direct connection to them, the state’s case may be weak.
Insufficient Evidence
The state must prove every element of the crime beyond a reasonable doubt. If the prosecution lacks direct evidence connecting you to the cocaine, there may not be enough to convict you.
Lab Testing Issues
Cocaine must be tested in a lab to confirm its identity. If there are chain-of-custody issues, testing errors, or missing evidence, the results may be challenged.
What to Do If You Are Arrested for Cocaine Possession in Florida
If you have been arrested, what you do next is critical. Taking the right steps early can improve your chances of getting charges reduced or dismissed.
Do Not Admit to Anything
Anything you say can be used against you. Law enforcement may try to pressure you into making statements, but it is always best to remain silent until speaking with an attorney.
Do Not Consent to a Search Without a Warrant
If police ask to search your car or home, you have the right to refuse unless they have a warrant or probable cause. Many drug possession cases are built on unlawful searches, which can be challenged in court.
Document Everything
If possible, write down everything you remember about the arrest, including:
- Where the cocaine was found
- What the officers said
- Whether you were read your rights
- Any potential witnesses who can support your defense
Contact a Lawyer Immediately
Cocaine possession cases can be aggressively prosecuted in Florida. The sooner an attorney gets involved, the better your chances of building a strong defense.
Florida Cocaine Possession FAQs
How much cocaine is considered trafficking in Florida?
Under Florida Statutes § 893.135, possession of 28 grams or more is considered trafficking, carrying mandatory prison time. The penalties increase as the weight increases, with sentences ranging from 3 years to life in prison.
Can I be charged with cocaine possession if the drugs were not on me?
Yes. If cocaine is found near you but not in your direct possession, the state may still charge you under constructive possession laws. However, the prosecution must prove you knew about the drugs and had control over them.
What happens if this is my first cocaine possession charge in Florida?
A first-time cocaine possession charge is still a felony, but some first-time offenders may qualify for drug court or pretrial diversion programs. Completing a program successfully could result in dismissal of charges.
Can cocaine possession charges be dropped?
Yes, depending on the circumstances. If there was an unlawful search, lack of evidence, or proof that the cocaine did not belong to you, charges may be dismissed.
Does Florida offer probation for cocaine possession?
Yes. While a felony possession charge carries up to 5 years in prison, courts sometimes allow probation with mandatory drug treatment instead of jail time, especially for first-time offenders.
How does Florida’s drug court work for cocaine cases?
Florida offers drug court programs for non-violent drug offenders. These programs focus on rehabilitation instead of punishment, requiring regular drug testing and counseling. Successful completion can lead to dismissed charges.
Will a cocaine conviction affect my driver's license?
Yes. Under Florida Statutes § 322.055, a drug conviction results in a mandatory one-year driver’s license suspension.
What should I do if I am arrested for cocaine possession in Florida?
Stay silent, do not consent to searches, document everything about your arrest, and contact a defense attorney immediately to discuss your options.