Last updated January 2026
For many people in Fort Lauderdale, a first-time drug possession arrest is their first contact with the criminal justice system. It’s stressful, intimidating, and life-changing. The good news? With the right defense, first-time charges are often dropped, reduced, or diverted.
For a broader overview of how felony drug charges are handled in Florida, see our Felony Drug Charges in Florida guide.
⚖️ Florida Law on Drug Possession
For many people in Fort Lauderdale, a first-time drug possession arrest is their first contact with the criminal justice system. It’s stressful, intimidating, and life-changing. The good news? With the right defense, first-time charges are often dropped, reduced, or diverted.
⚖️ Types of Drug Possession in Florida
Under Florida Statute §893.13, possession of controlled substances can be charged as a misdemeanor or felony depending on the type and amount of drug.
Misdemeanor Possession: 20 grams or less of marijuana.
Felony Possession: Most other controlled substances, or more than 20 grams of marijuana.
Many first-time drug possession cases in Fort Lauderdale involve felony charges, even when the amount is small.
Even for a first-time arrest, felony drug charges carry the potential for prison time.
🚨 Can First-Time Drug Possession Be Dropped?
Yes — in certain situations:
Insufficient evidence (weak lab results, improper police procedures).
Illegal search or seizure (Fourth Amendment violation).
Diversion or treatment programs available to first offenders.
Negotiation with prosecutors for a reduced or alternative resolution.
🛑 First Offender Programs in Broward County
Broward doesn’t have a one-size-fits-all diversion program, but judges and prosecutors may allow first-time offenders to avoid conviction if they complete:
Drug treatment or counseling.
Community service.
Probation with conditions.
Successful completion can result in charges being dropped or adjudication withheld.
📁 Protecting Your Record
A drug conviction — even for a first offense — can follow you for life. Employers, schools, and landlords may all see it. That’s why the best defense aims for:
✅ Dismissal of charges
✅ Withhold of adjudication
✅ Future eligibility for sealing or expungement
📞 Arrested for Drug Possession in Fort Lauderdale?
Don’t let a first offense define you. With the right defense strategy, you may keep your record clean and your future intact.
👉 Call Michael White, P.A. today for a free consultation.
❓ FAQs
Q1: Can a first-time drug possession charge be dropped in Florida?
Yes. Charges may be dropped due to lack of evidence, unlawful searches, or through diversion programs.
Q2: Is jail mandatory for first-time drug possession in Fort Lauderdale?
No. Many first-time offenders avoid jail through diversion or plea negotiations.
Q3: Can a drug possession conviction be sealed or expunged in Florida?
Only if adjudication is withheld or charges are dropped. Convictions for drug possession cannot be expunged.
Q4: What happens if I was caught with marijuana for the first time?
Less than 20 grams is a misdemeanor, and first-time offenders may be eligible for diversion or reduction.
Q5: Do I need a lawyer for first-time drug possession?
Yes. A lawyer can challenge evidence, negotiate alternatives, and protect your long-term record.