Fla. Stat. § 893.13(6)

Possession of a
Controlled Substance

Most drug possession in Florida is a felony — and you don’t have to be holding the drugs to be charged. Here is what the statute actually requires and where cases break down.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

You’re a passenger in a friend’s car, pulled over in Port St. Lucie. During the stop, the officer finds a small bag of pills in the center console. You say they aren’t yours — but everyone in reach of that console can be charged, because Florida law recognizes "constructive" possession.

What the Statute Requires

Under § 893.13(6), it is unlawful to possess a controlled substance without a valid prescription. Possession can be actual (on your person) or constructive (in a place you control, with knowledge of its presence).

The Governing Statute
Fla. Stat. § 893.13(6) — Possession of a Controlled Substance
"A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription."
Read the full statute on Online Sunshine →

For most controlled substances (Schedule I–IV drugs like cocaine, heroin, oxycodone, or methamphetamine), unlawful possession is a third-degree felony. A narrow set of substances is treated as a misdemeanor.

The Actual Penalties

Possession — Statutory Penalties
Most controlled substances (third-degree felony): up to 5 years in prison, up to $5,000 fine.

Possession of over 10 grams of certain Schedule I substances: charged as a first-degree felony.

Also: A conviction carries a driver’s license suspension and a permanent felony record affecting employment, housing, and firearm rights.

What a Defense Attorney Looks For

  • Knowledge and control. In constructive-possession cases, the State must prove you knew the drugs were there and had control over them — often the weakest link.
  • The search. If the stop or search violated the Fourth Amendment, the evidence can be suppressed.
  • Lab testing and chain of custody. The substance must be properly identified and handled.
  • Eligibility for drug court or a diversion program, which can avoid a conviction entirely for qualifying first-time offenders.

Frequently Asked Questions

Is drug possession a felony in Florida?
Usually yes. Under § 893.13(6), possession of most controlled substances is a third-degree felony punishable by up to 5 years in prison. A small set of substances is treated as a misdemeanor.
What is constructive possession in Florida?
Constructive possession means the drugs were not on your person but in a place you controlled, and you knew they were there. It allows charges even when the drugs are not physically on you — but the State must prove both knowledge and control.
Can I go to drug court instead of jail in Florida?
Qualifying first-time, non-violent drug offenders may be eligible for drug court — a treatment-based program that can result in charges being dismissed on successful completion. Eligibility depends on the charge and your record.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 893.13(6) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.