Facing Drug Charges
in Orlando?
Drug charges can escalate quickly — from simple possession to serious felony allegations. What you do next matters.
Speak with a defense lawyer as soon as possible to understand your options and begin building your defense strategy.
Florida prosecutes drug offenses under Chapter 893 of the Florida Statutes — one of the most punitive drug enforcement frameworks in the country. Simple possession of a controlled substance is a third-degree felony. Possession with intent to sell near a school, church, or park triggers a first-degree felony with a mandatory minimum of 3 years in state prison. And drug trafficking charges in Florida are based entirely on weight — not on evidence of actual distribution — meaning a person holding drugs for personal use can face the same mandatory minimums as an actual dealer.
If you have been arrested for any drug offense in Orlando, the decisions you make in the first 48 hours will shape the entire trajectory of your case. Attorney James P. Kelly defends drug charges throughout Orange County and Central Florida. When you call, you speak directly with your attorney.
Florida’s controlled substance schedules are defined in § 893.03 and mirror the federal scheduling system, though Florida has added substances and classifications that do not appear in the federal schedules.
Schedule I — High potential for abuse, no currently accepted medical use. Includes heroin, LSD, MDMA (ecstasy), psilocybin, and certain synthetic cannabinoids and cathinones (bath salts).
Schedule II — High potential for abuse with accepted but severely restricted medical use. Includes fentanyl, oxycodone, hydrocodone, cocaine, methamphetamine, and amphetamine.
Schedule III — Lower potential for abuse than Schedule II with accepted medical use. Includes anabolic steroids, ketamine, and buprenorphine.
Schedule IV — Lower potential for abuse than Schedule III. Includes benzodiazepines (Xanax, Valium, Klonopin), zolpidem (Ambien), and tramadol.
Schedule V — Lowest potential for abuse. Includes preparations containing limited quantities of codeine or other narcotics.
The schedule of the substance directly affects the severity of the charge. Possession of a Schedule I or II substance carries harsher penalties than possession of a Schedule IV substance.
Florida drug penalties are governed primarily by § 893.13 (possession, sale, delivery, manufacturing) and § 893.135 (trafficking). The penalties escalate based on the type of substance, the quantity, the defendant’s criminal history, and where the offense occurred.
Possession of a controlled substance listed in Schedule I, II, III, or IV (other than cannabis under 20 grams) is a third-degree felony under § 893.13(6)(a):
Possession of cannabis under 20 grams is a first-degree misdemeanor — up to 1 year in jail and a $1,000 fine.
If the state can prove you possessed a controlled substance with the intent to sell, manufacture, or deliver it, the charge escalates to a second-degree felony:
Intent to sell is typically inferred from circumstantial evidence — the quantity of the substance, how it was packaged, the presence of scales, baggies, large amounts of cash, or communications suggesting drug transactions.
Under § 893.13(1)(c)-(f), selling, manufacturing, or delivering a controlled substance within 1,000 feet of a school, daycare, park, community center, church, or public housing is a first-degree felony with a mandatory minimum sentence of 3 years in state prison. The sentence cannot be suspended or deferred, and probation is not available in place of the mandatory term.
In a city as densely developed as Orlando, a significant number of drug arrests occur within 1,000 feet of a protected location simply because schools, churches, and parks are everywhere. This proximity enhancement can turn what would otherwise be a second-degree felony into a first-degree felony with mandatory prison time.
Drug trafficking under § 893.135 is triggered entirely by weight — not by evidence of selling or distribution. The trafficking thresholds and mandatory minimum sentences include:
| Substance | Trafficking Threshold | Mandatory Minimum | Fine |
| Cannabis | 25+ lbs or 300+ plants | 3 years | $25,000 |
| Cocaine | 28+ grams | 3 years | $50,000 |
| Opiates/Heroin | 4+ grams | 3 years | $50,000 |
| Fentanyl | 4+ grams | 3 years | $50,000 |
| Methamphetamine | 14+ grams | 3 years | $50,000 |
| Hydrocodone/Oxycodone | 4+ grams | 3 years | $50,000 |
These mandatory minimums increase dramatically as the quantity increases — up to 25 years to life for the largest amounts. Judges have no discretion to go below the mandatory minimum unless the prosecutor agrees to waive it, typically in exchange for “substantial assistance” to law enforcement.
Drug cases in Florida are built on evidence — and that evidence is vulnerable to challenge at every stage. The strongest defenses in drug cases focus on how the evidence was obtained, how it was handled, and whether the state can prove the essential elements of the charge.
The Fourth Amendment protects you against unreasonable searches. If law enforcement searched your person, vehicle, home, or belongings without a valid warrant, without your voluntary consent, or without an applicable exception to the warrant requirement, the evidence obtained from that search can be suppressed through a motion to suppress under Florida Rule of Criminal Procedure 3.190. If the drugs are suppressed, the case typically collapses.
When drugs are not found directly on your person — in a shared vehicle, a house with multiple occupants, a common area — the state must prove “constructive possession.” This requires proof that you (1) knew the drugs were present, (2) knew the substance was illegal, and (3) had the ability to exercise dominion and control over the substance. If other people had equal access to the location where the drugs were found, the state’s constructive possession case may be fatally weak.
The state must prove you knowingly possessed the substance. If the drugs belonged to someone else, were planted, or were found in a location you did not control, the knowledge element may not be satisfied.
If law enforcement induced you to commit a drug offense that you were not predisposed to commit, the entrapment defense may apply. This defense requires showing that the idea and motivation for the crime originated with law enforcement, not with you.
The state must prove the substance is actually what it claims — a controlled substance listed in the schedules. Lab testing procedures, chain of custody, and analyst qualifications can all be challenged. Errors in testing, contamination, and mislabeling are not uncommon.
In trafficking cases, the mandatory minimum sentence is determined by weight. Florida law counts the total weight of the mixture, not just the pure drug. But the weighing procedures, calibration of scales, and inclusion of packaging material can all be challenged.
Florida’s drug court programs offer an alternative to incarceration for eligible defendants. The Ninth Judicial Circuit Drug Court provides a structured, court-supervised program that combines substance abuse treatment, regular drug testing, judicial supervision, and case management.
Successful completion of drug court typically results in the charges being dismissed. Eligibility depends on the nature of the charge, your criminal history, and whether the State Attorney’s Office agrees to your participation.
Pre-trial intervention (PTI) programs may also be available for first-time offenders charged with less serious drug offenses. Like drug court, successful completion of PTI results in dismissal of the charges.
Your defense attorney’s familiarity with these programs — and relationships with the prosecutors who control access to them — can be the difference between a felony conviction and a clean record.
The Law Office of James P. Kelly handles the full range of drug offenses prosecuted in Orange County and Central Florida:
Drug cases in Florida carry some of the most severe penalties in the criminal justice system. Mandatory minimums strip discretion from judges. Proximity enhancements turn routine possession cases into first-degree felonies. And the weight-based trafficking thresholds mean that a person with no history of drug sales can face the same sentence as an organized distributor.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. In drug cases, the details of the arrest — where you were, who else was present, how the search was conducted, what the officer said and did — are the raw material of every defense strategy. Those details need to go straight to your lawyer from the first conversation.
James P. Kelly handles drug crime cases in the Orange County Courthouse, the Ninth Judicial Circuit, and courts throughout Central Florida. The firm serves English and Spanish-speaking clients — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Possession of any controlled substance in Schedules I through IV (except cannabis under 20 grams) is a third-degree felony under § 893.13, punishable by up to 5 years in prison. Possession of cannabis under 20 grams is a first-degree misdemeanor.
Possession involves any amount of a controlled substance. Trafficking is triggered when the quantity exceeds specific weight thresholds defined in § 893.135. Trafficking does not require evidence of selling — possession of the threshold amount is enough to support the charge.
Yes. Drug charges can be dismissed if the evidence was obtained through an illegal search, if the state cannot prove possession or knowledge, if lab testing is flawed, or if the defendant successfully completes a diversion or drug court program.
Under § 893.135(4), a defendant facing a mandatory minimum sentence can have that sentence reduced or suspended if the state certifies that the defendant provided substantial assistance in the identification, arrest, or conviction of other drug offenders. This is essentially the only way to get below a mandatory minimum in a trafficking case without a full acquittal.
Not necessarily. First-time offenders charged with simple possession may be eligible for drug court, pre-trial diversion, or probation. An experienced attorney can advocate for these alternatives. However, if the charge involves trafficking quantities, proximity enhancements, or sale/delivery, prison is a real possibility even for first-time offenders.
A drug conviction generally cannot be expunged. However, if charges are dismissed — through diversion, drug court, or successful defense — the arrest record may be eligible for expungement under § 943.0585.
