If you’ve been charged with drug possession in Florida and the drugs weren’t yours, you still have options to fight the case and win. It happens more than people realize. You’re pulled over or caught up in a search, and police find drugs in a car, apartment, or backpack. But they aren’t yours — and now you’re facing serious charges.
At Michael White, P.A., we hear this all the time. And yes, there are legal defenses when the drugs weren’t yours — especially when prosecutors rely on weak or circumstantial evidence.
Here’s what you need to know if this happened in Fort Lauderdale or anywhere in South Florida.
⚖️ Possession ≠ Ownership in Florida Law
You don’t have to own drugs to be charged with possession.
Under Florida law, prosecutors can file charges if:
The drugs were in a space you controlled or accessed
You had knowledge the drugs were present
You had the ability to exercise control over them
This is called constructive possession — and it’s one of the most common ways innocent people get charged.
🧾 Common Scenarios We See
We’ve defended clients charged under these situations:
Riding in a car where someone else stashed drugs
Being in a shared apartment where drugs were in common areas
Borrowing someone’s bag or vehicle
Being near drugs tossed during a police stop
Items found in a guest room or garage
The law allows police to infer control — but that’s not the same as proving it.
🔍 Defending Yourself When You’re Charged With Drug Possession in Florida — and the Drugs Weren’t Yours
At Michael White, P.A., we:
Argue lack of knowledge or intent
Challenge fingerprints, DNA, or absence of evidence tying you to the drugs
Raise questions about who had exclusive control
Push for constructive possession dismissal in shared-space cases
Challenge unlawful searches that uncovered the drugs
In many cases, prosecutors can’t meet their burden — and we push for dismissal, diversion, or charge reduction.
📍 Charged With Drugs That Weren’t Yours in Florida?
Don’t assume you’ll be convicted. If prosecutors can’t prove you knew about and controlled the drugs, your case may fall apart. We’ve helped clients who were charged with drug possession in Florida but the drugs weren’t theirs.
📘 Drug Possession FAQs: What If They Weren’t Mine?
❓ Can I still be charged if the drugs weren’t mine?
Yes — but prosecutors must prove you knew the drugs were there and had control over them.
❓ What is constructive possession?
It means drugs weren’t on your person, but in a space you had access to — like a car or room. Prosecutors use this to build their case.
❓ What if the drugs were in someone else’s car or bag?
We may argue you had no control or knowledge — especially if others had exclusive access or ownership.
❓ Can the charges be dismissed?
Yes. If the State can’t prove possession beyond a reasonable doubt, your lawyer can move to dismiss or negotiate a reduced charge.
❓ Will I go to jail if I’m convicted?
Yes. If the State can’t prove possession beyond a reasonable doubt, your lawyer can move to dismiss or negotiate a reduced charge.