Last updated November 2025
If you’re charged with possession of a controlled substance in Florida, even one prescription pill can lead to felony consequences — especially if your name isn’t on the bottle.
Getting stopped with pills like Xanax, Oxycodone, Adderall, or Percocet — even if you weren’t using or selling them — can quickly turn into a felony drug charge in Florida. If you don’t have a valid prescription in your name, police may assume the worst.
But not every “pill possession” arrest leads to a conviction — especially if your rights were violated or prosecutors can’t prove you knew what you had.
⚖️ Possession of a Controlled Substance in Florida: Caught With Pills?
Under Florida Statute § 893.13(6)(a), it’s a third-degree felony to possess a controlled substance without a valid prescription. That includes many Schedule II–IV medications, such as:
Oxycodone
Hydrocodone
Xanax (Alprazolam)
Adderall (Amphetamine)
Valium (Diazepam)
Suboxone or Methadone
A conviction can lead to:
Up to 5 years in prison
A felony record
2-year driver’s license suspension (even without driving)
Disqualification from financial aid or public housing
Florida law treats possession of a controlled substance in Florida as a third-degree felony, even for a single pill.
🧠 What If the Pills Weren’t Yours?
If you were riding in someone else’s car, borrowing a bag, or had no idea the pills were there — you may have a valid defense. Florida law requires prosecutors to prove:
You had knowledge of the substance
You had control over it
This is where a strong defense attorney can fight back using a constructive possession argument — especially in shared spaces or vehicle stops.
🛑 Were Your Rights Violated During the Search?
Another strong line of defense is a motion to suppress the evidence if:
The officer lacked probable cause to search you or your vehicle
You were searched without a warrant, consent, or valid exception
You were detained longer than necessary for a traffic stop
If the pills were found as a result of an illegal search, the entire case can fall apart.
🚨 Real Example: Arrested for Having Your Partner’s Medication
It’s surprisingly common for people to carry a family member’s or partner’s prescription in their bag or glove compartment. Even if your intent wasn’t criminal, police can still arrest you — and it’s up to your lawyer to show:
The medication belonged to someone else
You weren’t abusing it
You had no intent to use, sell, or conceal the pills
📍 Fort Lauderdale & South Florida Drug Arrests
In Broward County, pill cases are often prosecuted aggressively, especially when opioids or benzodiazepines are involved. Even first-time offenders can face harsh consequences without a strategic legal defense.
We fight possession of controlled substance Florida charges by attacking every part of the case — from stop to search to substance testing.
Our firm fights back — by challenging how the stop occurred, the way the evidence was handled, and whether the State can prove actual possession or criminal intent.
🛡️ Defenses to Possession of Controlled Substance in Florida
A skilled drug crime lawyer can help you:
Fight for charge reduction to a misdemeanor
Enter a pretrial diversion program
Move to suppress illegally obtained evidence
Present lack of knowledge or control as a defense
Avoid a conviction that could damage your future
🙋♂️ Frequently Asked Questions
❓ Can I be arrested for pills even if I wasn’t driving?
Yes. Possession doesn’t require driving — only knowledge and control over the pills.
❓ What if the pills were in someone else’s car or bag?
That may support a constructive possession defense, especially if there’s no evidence the pills belonged to you.
❓ What if I didn’t know the pills were in my bag or jacket?
You can’t be convicted if prosecutors can’t prove you knowingly possessed the substance.
❓ Will I lose my license if I’m convicted?
Yes — Florida law imposes a 2-year license suspension for any felony drug conviction, even unrelated to driving.
❓ Can I get the charge sealed or expunged?
Only if the charges are dropped, dismissed, or you receive a withhold of adjudication and meet eligibility requirements.