Florida Statute 893.13(6)(a): Possession, Penalties, Defenses

Florida Statute 893.13(6)(a) makes it a third-degree felony to possess a controlled substance without a valid prescription, punishable by up to five years in prison, a $5,000 fine, and a mandatory six-month driver’s license suspension.¹ The statute is broad, but Florida also provides real off-ramps: withholding of adjudication, pretrial intervention, and drug court can each end a case without a felony conviction on your record. Those options only help if you act early.

What the Statute Prohibits

The subsection covers actual or constructive possession of any substance listed in Schedules I through V of Section 893.03, unless you obtained it through a licensed practitioner with a valid prescription or possession is otherwise authorized under Chapter 893.² The prescription exemption is narrow. It has to be your prescription. A few of a friend’s Xanax or a leftover hydrocodone from someone else’s surgery triggers the same felony as holding cocaine.

Actual Possession

Actual possession means the substance is on your body or within immediate reach: a bag in your pocket, a pill in your hand, a container in your lap. Police observations, body-camera footage, and searches incident to arrest usually establish it, and the physical connection is hard to fight on its own.

Constructive Possession

Constructive possession applies when the substance is found in a space you control, such as a car, apartment, or storage unit. To convict, the state has to prove two things: that you knew the substance was there, and that you had the ability to control what happened to it.¹ Simply being near drugs or sharing a room where they’re found is not enough. If drugs turn up in a common area of a shared apartment, the state has to tie them specifically to you.

The Knowledge Presumption

Under Section 893.101, the state does not have to prove you knew the substance was illegal. If prosecutors show you knowingly possessed something, the law presumes you knew what it was, and the burden shifts to you to prove otherwise as an affirmative defense.³ That changes the defense calculus in cases involving pills or powders a defendant says they didn’t recognize.

Which Substances Are Covered and Where the Charge Changes

Any controlled substance in Schedules I through V of Section 893.03 falls under 893.13(6)(a), from heroin, MDMA, and LSD (Schedule I) to cocaine, methamphetamine, fentanyl, oxycodone, and hydrocodone (Schedule II), down through steroids and benzodiazepines (III and IV) and low-dose codeine preparations (V).⁴ Synthetic analogues designed to mimic scheduled drugs are included as well.

Two nearby subsections change the charge based on the substance and amount:

Cannabis of 20 grams or less (not resin or concentrates) is a first-degree misdemeanor under 893.13(6)(b). Cross 20 grams, and you’re back in third-degree felony territory under (6)(a). Resin and concentrates are felonies regardless of weight.¹
More than 10 grams of certain Schedule I or II substances listed in Section 893.03(1)(a), (1)(b), or (2)(b) becomes a first-degree felony under 893.13(6)(c), carrying up to 30 years in prison.¹
Schedule V possession is a second-degree misdemeanor under 893.13(6)(d).¹

Ten grams is not much material. The jump from third-degree to first-degree felony at that threshold is where people get blindsided.

Penalties If You’re Convicted

A third-degree felony under 893.13(6)(a) carries statutory maximums of five years in state prison, a $5,000 fine, and up to five years of probation, which a judge can impose instead of or on top of prison time.⁵⁶

The actual sentence runs through the Criminal Punishment Code scoresheet, which assigns points for the current offense, prior record, and aggravating factors. Stay at or below 44 points and the judge can impose any non-prison sanction, including probation, community service, or time served. Above 44 points, prison becomes the lowest permissible sentence, and the minimum term equals total points minus 28, reduced by 25 percent.⁷ A first-time possession charge with no priors typically scores well under 44, which is why many first offenders end up on probation. Add prior felonies, a concurrent charge, or a violation of probation, and the math changes fast.

Driver’s License Suspension

Any drug possession conviction triggers a mandatory six-month driver’s license suspension under Section 322.055. The court is required to direct the Department of Highway Safety and Motor Vehicles to suspend your license, and the suspension lasts six months or until you complete a substance abuse evaluation and any recommended treatment, whichever is longer.⁸ The court has discretion to grant a business-purposes-only license on a showing of compelling circumstances, but that is not automatic.

Collateral Consequences

A felony conviction suspends your civil rights, including voting.⁹ Under Amendment 4, most people convicted of felonies other than murder or sexual offenses regain voting eligibility after completing every part of the sentence, including full payment of fines, fees, costs, and restitution.¹⁰

Federal law prohibits anyone with a felony conviction from possessing firearms or ammunition, punishable by up to 10 years in federal prison. Florida separately makes felon firearm possession a second-degree felony carrying a minimum of three years and up to 15.¹¹ A single incident of gun possession after a drug conviction can produce both state and federal charges.

Professional licensing is a separate hit. Florida law restricts the issuance and renewal of certain licenses for convicted felons, and drug possession convictions weigh especially heavily against healthcare workers, pharmacists, and anyone whose job involves handling controlled substances.¹¹ Teachers, real estate agents, insurance professionals, and contractors can also face complications.

How to Avoid a Conviction

Short of outright dismissal, Florida offers three procedural outcomes that keep a felony conviction off your record.

Withholding of Adjudication

When a judge withholds adjudication on a third-degree felony, you are not technically convicted even though you pleaded guilty or were found guilty. You can legally answer “no” on job applications that ask about felony convictions, keep your firearm rights, keep your voting rights without waiting to complete the sentence, and may later be eligible to have the record sealed. Judges have discretion to withhold adjudication on a first felony offense. A prior felony withhold does not disqualify you, but adds statutory restrictions. After two prior withholds, no further felony withholds are available. For a first-time 893.13(6)(a) defendant, a withhold is the most consequential outcome after dismissal itself.

Pretrial Substance Abuse Intervention

Under Section 948.08(6), defendants charged with nonviolent felonies who have a substance abuse problem and no more than two prior nonviolent felony convictions may voluntarily enter a pretrial intervention program. A 893.13(6)(a) charge qualifies. Program length depends on your clinical needs and typically involves treatment, drug testing, court appearances, and staying out of legal trouble. On successful completion, the court dismisses the charges, and you can apply to expunge the arrest and any plea under Section 943.0585.¹² The state attorney can object if evidence points to sales rather than possession, and a hearing settles that objection.

Drug Court

Treatment-based drug court under Section 397.334 follows a therapeutic model with ongoing judicial supervision, frequent drug testing, mandatory treatment, and regular court appearances. Entry is voluntary and requires your written agreement.¹³ Noncompliance draws sanctions that can include jail time for contempt, and removal from the program sends you back to sentencing on the original charge. Successful completion can lead to dismissal.

Defenses to a 893.13(6)(a) Charge

Challenging the Search

If the substance was found through an illegal search or seizure, a pretrial motion to suppress can remove the evidence. Without the physical substance, the state usually cannot prove possession, and the case is dismissed. Common grounds include traffic stops without reasonable suspicion, warrantless searches outside any recognized exception, and consent obtained through coercion. The judge decides suppression before trial.

Attacking Constructive Possession

Constructive possession cases lean on circumstantial evidence of knowledge and control. Drugs found in a shared car, a common area of a house, or property with several occupants create room to argue the state has not tied the substance specifically to you. Proximity, access, or even ownership of the space is not enough on its own.

Lack of Knowledge

The state still has to prove you knew the substance was present, even after the 893.101 presumption shifts the burden on knowing what it was.³ Drugs left in your car by someone else, or a package delivered to your address that you never opened, break the knowledge element. Proving you did not know a substance was illegal is a separate affirmative defense, and the burden of proof there is on you.

Valid Prescription

Because the statute exempts substances lawfully obtained through a licensed practitioner, producing a valid prescription is a complete defense for scheduled medications.¹ The prescription has to have been valid at the time of possession and issued to you.

Federal Exposure

Simple possession also violates federal law under 21 U.S.C. § 844, and federal authorities can prosecute even though they rarely take standalone possession cases. A first federal offense carries up to one year in prison and a minimum $1,000 fine, with penalties escalating for prior drug convictions, including state ones. The mandatory minimum fines cannot be suspended or deferred.¹⁴ Federal prosecution is most likely when possession is tied to other federal crimes or occurs on federal property.

1
The Florida Legislature. Florida Code 893.13 – Prohibited Acts; Penalties
2
Florida Senate. Chapter 893 – Drug Abuse Prevention and Control
3
Florida Senate. Florida Code 893.101 – Legislative Findings and Intent
4
The Florida Legislature. Florida Code 893.03 – Standards and Schedules
5
Florida Senate. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison
6
The Florida Legislature. Florida Code 775.083 – Fines
7
The Florida Legislature. Florida Code 921.0024 – Criminal Punishment Code; Worksheet Computations; Scoresheets
8
The Florida Legislature. Florida Code 322.055 – Revocation or Suspension of, or Delay of Eligibility for, Driver License for Certain Drug Convictions
9
The Florida Legislature. Florida Code 944.292 – Suspension of Civil Rights
10
Florida Division of Elections. Felon Voting Rights
11
United States District Court Middle District of Florida. Felony Offenders
12
The Florida Legislature. Florida Code 948.08 – Pretrial Intervention Program
13
The Florida Legislature. Florida Code 397.334 – Treatment-Based Drug Court Programs
14
Office of the Law Revision Counsel. 21 USC 844 – Penalties for Simple Possession