South Florida Criminal Attorney
Possession is defined in Florida as either actual or constructive possession.
Actual possession occurs when someone has physical control of the marijuana, or it is directly in their custody. This can include if the cannabis is in a clothing pocket or in a purse on a person’s body.
Constructive possession usually requires the individual’s knowledge the cannabis was in their presence, knowledge that the cannabis was an illegal substance, and they had the ability to control the cannabis or take actual possession of the cannabis.
Since actual or constructive possession is a required element to a cannabis possession charge, if the prosecutor is unable to show you had any type of possession of the cannabis, the charges may be dismissed or dropped. Constructive possession is typically much harder to prove than actual possession, because the prosecutor has to show that it was within your control and that you were aware that it was in fact cannabis. This presents a problem for the prosecutor that may result in your charges being dropped or dismissed. Call me I have vast experience to get this result for you.