Yes. Under Florida Statutes § 893.13(6)(a), possession of cocaine — regardless of the amount — is a third-degree felony punishable by:
Up to 5 years in prison
Up to 5 years probation
Up to $5,000 in fines
Mandatory driver’s license suspension (minimum 6 months)
Florida does not require any minimum amount of cocaine to trigger felony charges. Even trace residue can support a third-degree felony prosecution.
📦 What Counts as “Possession”?
There are two types of possession under Florida law:
Actual possession – The cocaine was on your person (in your pocket, hand, sock, etc.)
Constructive possession – You had control over the place where it was found and knew it was there (e.g., under a car seat or inside a drawer at your residence)
If multiple people were present, prosecutors must prove you had knowledge and control, which isn’t always easy — and can be a major point for your defense.
🛑 Can You Beat a Cocaine Possession Charge?
Yes — and we do it all the time. Here are some common defenses in South Florida cocaine possession cases:
Illegal search and seizure – If police searched you or your car without probable cause or a valid warrant, we can move to suppress the evidence.
Lack of knowledge – If you didn’t know the cocaine was present, the state may not be able to prove intent.
Constructive possession defenses – Just being near drugs isn’t enough. The prosecution has to prove you had control and knowledge.
Substance not tested or inconclusive – If lab testing isn’t completed or is flawed, the state may not have a provable case.
💡 First-Time Offenders May Have Other Options
If this is your first offense, you may qualify for a diversion program, such as:
Broward County Misdemeanor Diversion Program (MDP) (if the charge is amended)
Drug Court
Pretrial Intervention (PTI)
Successful completion can result in dismissal of the charge — and eligibility to expunge your record.
🧯 Consequences of a Felony Conviction
A third-degree felony conviction doesn’t just mean the possibility of prison time. It also creates long-term problems, including:
A permanent felony record
Ineligibility for certain jobs, housing, or licenses
Loss of civil rights (e.g., firearm possession, voting, jury service)
Immigration consequences for non-citizens
Even a withhold of adjudication has consequences — but it may preserve your eligibility for record sealing later.
🛡️ Talk to a Fort Lauderdale Cocaine Possession Defense Lawyer
Cocaine possession charges may seem cut and dry — but they rarely are. At Michael White, P.A., we’ve helped countless people in Fort Lauderdale and across South Florida beat or reduce felony drug charges. Whether you’re looking for an aggressive trial defense or a way to avoid a conviction altogether, we can help.
📞 Schedule a Free Consultation Today
Call us at (954) 270-0769 or contact us online for a confidential case review. Let’s protect your record, your future, and your freedom.
❓ Frequently Asked Questions About Cocaine Possession Charges in Florida
❓ Can I be charged with a felony for a small amount of cocaine?
Yes. In Florida, possession of any amount of cocaine — even residue — is a third-degree felony under § 893.13(6)(a), punishable by up to 5 years in prison.
❓ Will I go to jail for cocaine possession in Florida?
Not necessarily.First-time offenders may be eligible for pretrial diversion, drug court, or probation. A skilled defense lawyer may also be able to get the charges reduced or dismissed entirely.
❓ What if the cocaine wasn’t mine?
You can still be charged under a constructive possession theory, but prosecutors must prove you had control over and knowledge of the cocaine. If the drugs were found in a shared space, this may be a strong defense.
❓ Can I get cocaine possession charges dropped in Florida?
Yes — especially if your constitutional rights were violated during a stop or search, or if you qualify for diversion programs like PTI. An experienced Fort Lauderdale defense lawyer can help fight for dismissal or a reduced charge.
❓ Can I seal or expunge a cocaine possession charge?
If you avoid a conviction (i.e., adjudication is withheld or charges are dropped), you may be eligible to seal or expunge your record. But if you’re adjudicated guilty, you cannot seal or expunge that offense in Florida.