Last updated January 2026
Not all drug possession cases involve drugs being found directly on a person. In Florida, prosecutors often rely on constructive possession — the idea that you “control” drugs even if they weren’t found in your pocket or hand. But these cases are full of weaknesses, and with the right defense, it’s possible to beat the presumption of constructive possession.
Constructive possession is one of several legal theories prosecutors rely on in Florida drug cases, which we explain in more detail in our Drug Crimes Defense overview.
⚖️ What Is Constructive Possession?
Under Florida Statute §893.13, drug possession can be proven in two ways:
Actual possession: Drugs found directly on you (in your pocket, bag, etc.).
Constructive possession: Drugs found near you, and the State argues you had knowledge and control over them.
For constructive possession, the prosecution must prove:
You knew the drugs were there.
You had the ability to exercise control over them.
🚨 Common Scenarios of Constructive Possession
Drugs found in a car with multiple passengers.
Drugs found in a shared house or apartment.
Drugs found near you, but not on you (like under a seat or in a glove box).
These cases often turn on who had exclusive access, who made statements, and whether there is any physical evidence linking the drugs to one person.
⚖️ Why Prosecutors Rely on Constructive Possession
In Florida drug cases, constructive possession is often used because drugs are frequently found in shared spaces. Rather than determining ownership at the scene, officers may arrest everyone present and let the court sort it out later. This creates leverage for the State — but also opens the door to dismissal when evidence is weak.
🛡️ Defenses to Constructive Possession
Constructive possession is one of the most defensible charges in Florida drug law. Possible defenses include:
Lack of knowledge: You didn’t know drugs were present.
No exclusive control: Drugs were found in a place accessible to multiple people.
Fingerprint or DNA absence: No physical evidence tying you to the drugs.
Illegal search and seizure: Drugs found during an unlawful stop or search can be suppressed.
Proximity alone isn’t enough: Florida courts consistently hold that being near drugs isn’t proof of possession.
🔑 Beating the Presumption in Court
To convict on constructive possession, prosecutors must rely on inference. But juries and judges are skeptical when there’s no concrete proof of ownership or control. A skilled defense attorney can use this to create reasonable doubt — often leading to dismissals or reduced charges.
Judges and juries are often skeptical of constructive possession cases because they depend on inference rather than direct proof — especially when multiple people could have placed the drugs there.
đź“Ť Local Defense in Broward County
In Fort Lauderdale and Broward County, constructive possession cases are common because police often arrest everyone present when drugs are found. That doesn’t mean the State can prove the charge.
âť“ FAQs
Q1: What is the difference between actual and constructive possession?
Actual possession means drugs are on you. Constructive possession means they were nearby, but not directly on you.
Q2: Can multiple people be charged with constructive possession?
Yes. Police often charge everyone present if drugs are found in a shared space.
Q3: Is being near drugs enough for conviction?
No. Prosecutors must prove knowledge and control, not just proximity.
Q4: What if I didn’t know drugs were there?
Lack of knowledge is a valid defense, especially in shared spaces like cars or homes.
Q5: Can constructive possession charges be beaten in Florida?
Yes. Many cases collapse under scrutiny due to weak evidence and presumptions.