Understanding First-Time Drug Possession Charges in Florida
If you’re facing a first time possession charge in Florida, you may be feeling overwhelmed and uncertain about your future. While these charges are serious, first-time offenders often have options that can help minimize the impact on their lives. At Russo Law & Advocacy, Dominique Russo helps clients across Florida navigate these challenging situations, fighting to protect their rights and secure the best possible outcomes.
Florida’s drug possession laws are among the strictest in the nation, but understanding the Florida possession laws and available defenses can make a significant difference in your case.
Penalties for First Time Possession Charges
1st Time Offense of Possession of Weed in Florida
Under Florida Statute § 893.13, penalties for first time drug possession charges vary by substance:
| Substance | Charge Level | Maximum Penalty |
| Marijuana (Under 20g) | 1st-degree misdemeanor | 1 year jail, $1,000 fine |
| Marijuana (20g or more) | 3rd-degree felony | 5 years prison, $5,000 fine |
| Cocaine/Heroin | 3rd-degree felony | 5 years prison, $5,000 fine |
| Prescription Drugs | 3rd-degree felony | 5 years prison, $5,000 fine |
Additional Consequences
Beyond legal penalties, a first time possession charge can bring:
- Driver’s license suspension (6 months – 2 years)
- Criminal record affecting employment and housing
- Professional license complications
- Financial aid ineligibility for students
Special Considerations for Juvenile Drug Possession Charges
Juvenile drug possession charges are handled differently in Florida’s court system:
Juvenile Diversion Programs
- Teen Court for minor first offenses
- Drug treatment programs instead of incarceration
- Record sealing opportunities upon completion
- No adult criminal record if handled in juvenile court
Direct File to Adult Court
In serious cases, prosecutors may direct file to charge juveniles as adults, particularly for:
- Large quantities of drugs
- Possession near schools
- Previous juvenile offenses
First Time Offender Drug Possession Options
As a first time offender drug possession defendant, you may qualify for special programs:
Pretrial Intervention (PTI)
- Diversion program for non-violent first offenders
- Charges dismissed upon successful completion
- No conviction on your record
- Typically includes:
- Drug education classes
- Community service
- Regular drug testing
- Payment of program fees
Withhold of Adjudication
- No formal conviction if probation completed successfully
- Criminal record still shows arrest but not conviction
- Easier to seal or expunge later
Drug Court
- Specialized court for substance abuse issues
- Treatment-focused rather than punishment
- Intensive supervision and support
Legal Defenses for First Time Possession Charges
An experienced attorney can challenge possession charges by arguing:
Illegal Search and Seizure
- Police lacked probable cause for search
- Warrant requirements not met
- Vehicle searches exceeded proper scope
Lack of Possession
- Constructive possession challenges
- Drugs belonged to someone else
- No knowledge of drugs’ presence
Chain of Custody Issues
- Evidence handling problems
- Contamination or tampering concerns
- Lab analysis errors
Medical Marijuana Defense
- Valid medical marijuana card
- Legal quantity possessed
- Proper container and documentation
Long-Term Consequences of Drug Convictions
Even a first time possession charge can have lasting impacts:
Employment Challenges
- Background check issues
- Professional license denials
- Government employment ineligibility
Educational Impacts
- Financial aid loss under Drug-Free Student Loan provisions
- College admission difficulties
- Campus housing restrictions
Personal Consequences
- Firearm ownership restrictions
- International travel limitations
- Housing application rejections
FAQs About First-Time Possession Charges
1. Will I go to jail for a first time drug possession charge?
Typically not for small amounts of marijuana, but jail time is possible for other substances or larger quantities.
2. Can I get a first time possession charge expunged?
Yes, if you complete a diversion program or receive a withhold of adjudication.
3. How long does a drug possession case take?
Typically 3-12 months, depending on whether you pursue diversion or trial.
4. Should I accept a plea deal for a first offense?
Only after consulting with an attorney who can negotiate the best possible terms.
5. Do you handle cases throughout Florida?
Yes. We serve all Florida counties, including:
- Miami-Dade County (Miami, Coral Gables, Hialeah)
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
Facing First-Time Possession Charges? Get Help Now
If you’re charged with first time possession of drugs in Florida, don’t risk your future. Contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across Florida, including:
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
- Miami-Dade County (Miami, Coral Gables, Hialeah)
“A first-time possession charge doesn’t have to ruin your future. We fight to protect your record and your opportunities.”
