Drug Possession
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Drug Possession in Panama City
What You Are Facing and How to Fight It
Drug possession is one of the most common criminal charges in Bay County — and one of the most consequential. Even a first-time possession charge for a small amount of marijuana can result in jail time, a license suspension, and a permanent criminal record that follows you through every background check for the rest of your life.
Rusty Shepard is a former Assistant State Attorney who spent years prosecuting drug cases in Florida’s 14th Judicial Circuit. He knows exactly how possession cases are built — and exactly where they are vulnerable.
Florida Drug Possession Charges — What You Need to Know
Florida classifies controlled substances under a Schedule system (Schedule I through Schedule V). The schedule and quantity of the drug determine the severity of the charge:
- Possession of fewer than 20 grams of marijuana — First Degree Misdemeanor: up to 1 year in jail, $1,000 fine, and up to 3-year license suspension
- Possession of more than 20 grams of marijuana — Third Degree Felony: up to 5 years in state prison and a $5,000 fine
- Possession of cocaine (any amount) — Third Degree Felony: up to 5 years in state prison and a $5,000 fine
- Possession of methamphetamine (any amount) — Third Degree Felony: up to 5 years in state prison and a $5,000 fine
- Possession of heroin or fentanyl (any amount) — Third Degree Felony: up to 5 years in state prison and a $5,000 fine
- Possession of prescription pills without a valid prescription — Third Degree Felony: up to 5 years in state prison and a $5,000 fine
Critically: possession of amounts above Florida’s trafficking thresholds — regardless of intent — is automatically charged as drug trafficking, carrying mandatory minimum prison sentences. See the Drug Trafficking page for details.
The License Suspension Most People Don't Know About
Under Florida Statute § 322.055, a conviction for any controlled substance offense — including misdemeanor marijuana possession — results in an automatic driver’s license suspension of up to two years. This applies even if you hold an out-of-state license. For many people, the license suspension is more disruptive to daily life than any other consequence of the charge.
Actual vs Constructive Possession — A Key Legal Distinction
Florida law distinguishes between two types of possession:
- Actual possession — the drugs were on your person, in your hand, or within your immediate physical control
- Constructive possession — the drugs were found somewhere you had access to (a vehicle, a home, a bag) but not directly on you
Constructive possession requires the prosecution to prove three elements: (1) you knew the drugs were present, (2) you knew they were illegal, and (3) you had dominion and control over them. All three must be proved beyond a reasonable doubt. When drugs are found in a shared vehicle or a location with multiple occupants, constructive possession is frequently the most vulnerable element of the prosecution’s case.
Defense Strategies Rusty Shepard Uses
- Fourth Amendment — was the search lawful? Drugs found through an illegal search or an unlawful traffic stop can be suppressed entirely
- Constructive possession challenges — proving the prosecution cannot establish all three elements, particularly in shared vehicle or property cases
- Chain of custody — were the drugs properly handled, tested, and stored from seizure to trial?
- Lab testing — was the substance properly identified as a controlled substance? Field tests are not definitive
- Pre-Trial Intervention (PTI) — first-time offenders may be eligible for diversion, completing a program in exchange for dismissal and the possibility of expungement
- Negotiating a charge reduction — from felony to misdemeanor, or from possession to a lesser charge where the evidence supports it
Can a Possession Charge Be Expunged?
Yes — but only if you are not convicted. A diversion program (PTI) resulting in dismissal, or charges dropped by the prosecution, leaves the record eligible for sealing or expungement. A conviction — even a misdemeanor — cannot be expunged in Florida. Fighting the charge, or securing a diversion outcome, is therefore far more valuable than a quick guilty plea.
Charged with drug possession in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Free consultation. Available 24/7.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepard Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.