Many travelers pick up rental cars in Miami or Key West and head down the Overseas Highway every year. A traffic stop in the Keys can become serious if law enforcement finds drugs inside.
Possession of illegal drugs, which in Florida includes recreational marijuana, is a serious issue that residents and visitors should understand. An experienced criminal defense attorney can guide you through the legal process, including the rights and responsibilities involved.
Possession Does Not Require Ownership
In Florida, it is a crime to possess a controlled substance, which can be charged in two ways:
- Actual possession is when drugs are on your person (for instance, in a pocket, a handbag, or in the hand).
- Constructive possession is when you know the drugs are present and in your control, such as in the car’s glove box, console, or trunk.
The 1983 decision Brown v. State, the Florida Supreme Court determined that constructive possession requires proof that the accused had dominion and control over the substance, and knew it was there. However, when a vehicle is jointly occupied, proximity to illegal drugs is not enough, and independent evidence must be presented in court to link the person to the substance.
This matters in rental cars, which are cleaned between customers, but items may be missed. A defendant can argue that they only had the vehicle a short time, that the drugs were hidden in a place that wasn’t accessed, or that several people had been in the vehicle. Florida treats lack of knowledge of a substance’s illegal nature as an affirmative defense although the law also allows a jury to infer knowledge from possession.
Was the Search Legal?
Many drug possession cases turn on the search of the rental car. As the driver or passenger in a rental, you generally have the reasonable expectation of privacy even if you are not listed on the rental agreement. If officers searched without a warrant, valid consent, or probable cause, a court may suppress the evidence.
Possible Charges and Penalties
The charge depends on the substance and quantity of drugs found. Possessing 20 grams or less of cannabis (marijuana) is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Larger amounts of cannabis and most other controlled substances can lead to felony charges. THC concentrates, vape cartridges, and edibles fall outside of the 20 gram misdemeanor rule and are often charged as felonies. Larger quantities can trigger trafficking charges with mandatory minimum prison terms.
The Law For Out-of-State and International Visitors
Recreational marijuana remains illegal in Florida, and Florida’s medical marijuana law protects only patients registered in Florida’s own program. A medical card or dispensary receipt from another state offers no protection here.
Leaving Florida does not make the case go away. In Monroe County, defendants may have their attorney enter a written plea and waive their appearance at arraignment. Otherwise, they must appear in person, and a missed court date can result in a bench warrant and forfeiture of bond.
Non-citizens can face consequences far beyond Florida’s penalties. Federal immigration law makes a non-citizen inadmissible to the United States for a controlled substance violation. That can apply when a person admits to the essential elements of a drug offense as well as after a conviction. Foreign nationals should consult both a criminal defense attorney and an immigration attorney before making statements or entering any plea. Notification of their country’s consulate may be mandatory.
Protect Yourself With Expert Advice
When picking up a rental car, check it for items left by the previous customers and report anything suspicious. If you are stopped by police, remain calm, do not consent to a search, and ask for an attorney. The Law Office of Brian M. Casey, PLLC, defends residents and visitors facing drug charges in Florida, including those who must appear remotely. Call for a consultation.