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Possession of Xanax in Florida

Xanax is the trade name for Alprazolam, which is listed as a Schedule IV drug in Florida. And it is a Third Degree Felony to possess any amount of Xanax (even one pill) without a prescription.

And because of the serious consequences for such a simple crime, it is important to know the:

• Penalties for Xanax Possession and
• Defenses to Xanax Possession.

Penalties for Xanax Possession

If convicted of possession of Xanax, you could receive any combination of the following penalties:

• Five years of probation,
• Five years in prison, or
• A fine of up to a $5,000.

Driver's License Suspension

Finally, if you are adjudicated guilty, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court.

Defenses to Xanax Possession

There are three primary defenses that are raised in an illegal Xanax possession case:

• Valid Prescription
• Illegal Search and Seizure or
• Insufficient Evidence.

Valid Prescription

While it seems obvious, many people are arrested for possession of Xanax when they are unable to produce a valid prescription or a recently dispensed pill bottle. These arrests usually occur when law enforcement have stopped your for suspicious behavior and discover the Xanax in an unconventional area.

However, if you can produce a valid Xanax prescription that pre-dated your arrest or have a doctor execute a letter that they dispensed a sample amount, you will have an absolute defense to the Xanax charge. This assumes that the prosecutor will be able to independently verify the authenticity of the prescription.

Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Insufficient Evidence

The prosecutor can only prove illegal possession of Xanax in one of two ways:

1. Actual Possession
2. Constructive Possession

Actual Possession

To prove that you actually possessed Xanax, the prosecutor has to show the Xanax was found on your person. For example, if the Xanax was found in your pocket, the prosecutor would have a case involving actual possession of Xanax.

Constructive Possession

On the other hand, if the Xanax was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the Xanax because they would have to comply with the law of constructive possession.

The law of constructive possession requires the prosecutor to prove each of three distinct elements before you can be convicted:

1. Knowledge of the Xanax's presence;
2. Knowledge the substance was Xanax; and
3. Dominion and control over the Xanax.

Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.

Scenario 1: You were stopped while driving a friend's car and police found Xanax in the glove box, they would be unable to convict you of the possession unless they had some proof that you knew the Xanax was there.

Scenario 2: You were stopped while driving a friend's car and police found a Xanax pill on the floor-board, but in plain view. They would be unable to convict you of possession unless they had some proof that you knew the pill was Xanax.

Scenario 3: You were driving your car, had a friend with you, and your friend places a bottle of Xanax pills in the passenger side storage pocket. The police then stop you, see your friend's bottle, and arrest both of you. They should be unable to convict you of possession of Xanax because even though you knew the Xanax was there, your friend is the only person who had dominion and control over it.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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