Drugs in the Car Doesn't Mean They're Yours: How We Beat a Felony Cannabis Charge

You're driving. Police pull you over. They claim to smell marijuana and search the car. They find drugs. You're arrested. But here's the thing - those drugs weren't yours. They were on the passenger side. Someone else was in the car. And now you're facing a felony.

This happens more often than you'd think. And too many people assume that because they were behind the wheel, they're automatically guilty. They take the plea deal. They accept the felony conviction. They don't fight back.

That's a mistake.

We recently got a third-degree felony cannabis charge completely dismissed in exactly this situation. Our client was the driver. Cannabis was found in the car. But after six months of fighting, the State Attorney dropped both charges entirely.

Here's how we did it - and what you need to know if you're in a similar situation.

What Is Constructive Possession?

Florida law recognizes two types of drug possession: actual possession and constructive possession.

Actual possession is simple - the drugs are physically on your person. In your pocket. In your hand. In your bag that's strapped to your body.

Constructive possession is different. It means the drugs aren't on you, but they're somewhere you allegedly have access to and control over. The center console of your car. A drawer in your house. A bag in the trunk.

The key difference? With constructive possession, the State has to prove a lot more than just proximity.

That third element - dominion and control - is where many drug cases fall apart. Especially when there are multiple people in the car.

Why Multiple Occupants Changes Everything

Florida courts have repeatedly held that proximity alone is not enough to prove constructive possession. Just being near drugs doesn't mean they're yours.

This becomes critically important when there are multiple people in a vehicle. If drugs are found in a shared space - the backseat, the glove box, the floor - then theoretically anyone in that car could have put them there.

The prosecution can't just point at the driver and say "you're guilty because it's your car." They need independent evidence that links you specifically to the drugs.

Without that link? They can't prove their case.

The Case: Felony Cannabis Dismissed

In this case, our client was pulled over for a traffic violation. He had a passenger in the front seat.

During the stop, officers found approximately 27 grams of cannabis - just over the 20-gram threshold that makes it a third-degree felony in Florida rather than a misdemeanor. That's up to 5 years in prison and a $5,000 fine.

Our client was also charged with driving with a suspended license.

The initial offer from the State? Plead guilty to both charges. Accept adjudication. Go on probation.

We said no.

The prosecution's problem? They couldn't prove our client knew about the cannabis or had any control over it. The drugs were on the passenger side. Another person was in the car. That other person clearly had his own drug issues. And critically - our client didn't make any statements to police. No admissions. No explanations. Nothing for the State to use against him.

After six months, the Assistant State Attorney acknowledged the case couldn't be proven beyond a reasonable doubt. Both charges were dropped via nolle prosequi - a complete dismissal.

What This Means for You

If you've been charged with drug possession in a vehicle with other people, you have options. Being the driver doesn't make you guilty. Being the registered owner doesn't make you guilty.

The State has to prove that you - specifically you - knew about the drugs and had the ability to control them. When there are multiple occupants, that burden becomes much harder to meet.

Questions a good defense attorney will ask:

• Where exactly were the drugs found in the vehicle?
• Who else was in the car?
• Did any of those people have drugs on them?
• Is there any evidence specifically linking you to the contraband?
• Were there fingerprints, DNA, or other forensic evidence?
• What did police observe about your behavior versus the passengers'?

The answers to these questions can make the difference between a felony conviction and a dismissal.

Don't Just Take the Plea

When you're facing a felony, the pressure to accept a plea deal is enormous. The prosecutor might offer probation instead of prison. They might offer a reduced charge. It sounds like the easy way out.

But a felony conviction follows you forever. It affects your employment. Your housing. Your professional licenses. Your right to vote. Your right to own a firearm.

If there's a legitimate defense - and constructive possession cases often have strong defenses - you owe it to yourself to fight.

Our client faced a third-degree felony. The State wanted him to plead guilty. Six months later, he walked away with no conviction. No probation. Nothing on his record.

That's what fighting back can look like.