Drug Crimes Lawyer Fort Lauderdale

The short answer

In Florida, possessing 20 grams or less of cannabis is a first degree misdemeanor, while possessing most other controlled substances without a valid prescription is a third degree felony punishable by up to five years in prison. Trafficking amounts trigger mandatory minimum prison sentences. A Fort Lauderdale drug crimes attorney can challenge the search, the lab results and whether you actually possessed the drugs.

Key facts at a glance

Cannabis, 20 grams or less	First degree misdemeanor, up to 1 year in jail
Cannabis, more than 20 grams	Third degree felony, up to 5 years in prison
Possession of most controlled substances	Third degree felony under § 893.13, Fla. Stat.
Drug paraphernalia	First degree misdemeanor under § 893.147, Fla. Stat.
Trafficking	Mandatory minimum prison terms under § 893.135, Fla. Stat., based on drug type and weight
Recreational marijuana	Still illegal in Florida. Medical use is allowed only for qualified registered patients

Penalties depend on the substance, the amount, the location and your prior record.

What does the State have to prove in a drug possession case?

The State must prove that you knew the substance was there, knew of its illegal nature and had control over it. When drugs are found on your person that is called actual possession. When drugs are found in a car, a home or a bag shared with other people, the State must rely on constructive possession, and proving knowledge and control becomes much harder.

Many Broward County drug cases turn on this exact question. If several people had access to the car or the apartment, simply being nearby is not enough to convict you.

What are common defenses to drug charges?

Illegal stop or search. If police lacked reasonable suspicion or probable cause, the drugs can be suppressed and the case often falls apart.
No knowledge or control. Drugs found in a shared space do not automatically belong to you.
Lab testing problems. Field tests produce false positives. The State must prove the substance with reliable laboratory analysis.
Valid prescription or medical card. Lawfully prescribed medication and medical marijuana purchased from a licensed treatment center within program limits are defenses.
Entrapment or informant problems. Cases built on confidential informants deserve close scrutiny.

Charged or under investigation in Broward County? Get a free, confidential consultation.

Call 954-892-1277 or request a call back

Can I avoid a conviction for a drug charge?

Often, yes. Depending on the charge and your history, options may include drug court, pretrial intervention, a pretrial substance abuse education program or a withhold of adjudication. Successfully completing a diversion program can lead to the charges being dropped, which may allow the arrest record to be sealed or expunged later.

Broward's felony pretrial intervention program generally excludes cases involving sale or delivery, so the way a case is charged matters. Getting an attorney involved before the State files formal charges can make a real difference.

Why are trafficking charges so serious?

Florida's trafficking statute is based on weight, not on proof that you were selling anything. Possessing 28 grams of cocaine or more than 25 pounds of cannabis, for example, can be charged as trafficking with a mandatory minimum prison sentence the judge cannot go below. These cases require an immediate and aggressive defense focused on the search, the weight and whether the substance was properly tested.

Representing clients charged in Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Plantation and every other Broward County city.

Why choose Daniel Rosenberg?

Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
Direct access. When you call, you will often speak directly with Daniel himself.
Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
Every resource. Success is never guaranteed, but every available resource goes into your defense.

Frequently asked questions

Is marijuana legal in Florida now?

Recreational marijuana is still illegal in Florida. Only qualified patients registered in the medical marijuana program can possess cannabis bought from a licensed medical marijuana treatment center, within program limits.

Is having pills without the bottle a crime in Florida?

It can be. Possessing a controlled substance without a valid prescription is a felony. If you have a prescription, documentation of it is often a complete defense.

Can I be charged if drugs were found in someone else's car?

Yes, but the State must prove you knew the drugs were there and had control over them. Being a passenger near drugs is not enough by itself.

What is drug court in Broward County?

Drug court is a treatment based program that lets eligible defendants complete treatment and supervision instead of traditional prosecution. Successful completion can result in the charges being dismissed.

Will a drug charge show up on background checks?

An arrest can appear on background checks even without a conviction. Avoiding a conviction and later sealing or expunging the record are often key goals.

Related legal guides

Related practice areas

All practice areas

Florida law referenced: § 893.13, § 893.135, § 893.147, Florida Statutes (2025).

Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.