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What are the most common defenses to drug possession?

An arrest for drug possession is terrifying for any Florida resident. You could end up facing serious penalties if convicted. A strong defense is necessary in getting such charges reduced or dismissed. These are common options in a drug possession case.

Illegal search and seizure

Police officers must have probable cause before they can search your property or person. If an officer showed up at your door and barged in without having a warrant or reasonable suspicion, it means they broke the law. You can use the illegal search and seizure defense in your case.


Entrapment is a defense that could be strong in a drug possession case if the police coerce you into committing the crime. This usually happens through intimidation and threats that instill fear in a person.

The drugs are not yours

In some cases, a person might discover there are drugs in their possession that were never theirs in the first place. This can happen if another person possesses drugs and dumps them on someone else’s property to escape trouble. In that case, the individual who ended up having the drugs placed in their home or vehicle could argue that the drugs are not theirs.

Lack of Miranda warning

A person can also argue that the police failed to read them their Miranda warning after questioning them about drug possession. Regardless of the charges, all suspects have the right to be recited their Miranda rights and request an attorney instead of incriminating themselves.

It’s not a drug

Sometimes, a person is mistakenly arrested for drug possession when the substance isn’t a drug after all. The defense can make this argument in a case. For example, powder or cornstarch could be mistaken for cocaine.

If you face drug possession charges, one of these defenses might be appropriate for your case.