Drug Charges

Can I be charged if the drugs weren't mine?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Possibly. Ownership is not the same as possession, and either can exist without the other.

This one is worth making concrete, because the distinction is genuinely counterintuitive.

Take a pair of glasses. I own these glasses, and I also currently possess them. But if I set them down on the table between us, I still own them — and now we could both be charged with possessing them, if the glasses happened to be illegal.

Why? Because we both know the item is there. We can both exercise control over it. Either of us could reach out and take it.

That's constructive possession, and it means "they weren't mine" doesn't answer the charge. Ownership isn't the question the statute asks.

What *does* answer it is the knowledge and control analysis — whether the State can prove you knew of the substance's presence and could exercise dominion over it. In a shared space, that's frequently harder for the State than the arrest report suggests.

This is an issue that needs a strong defense rather than an explanation.

"It wasn't mine" is true and insufficient. Consult counsel right away. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.