If The Drugs Are In My Blood, Can I Still Face Possession Charges?
Very interestingly, the law does not consider the sole presence of drugs in a person’s system to be possession. However, this is a very thin line to tread, since other offenses — such as DUI, or the possession of drug paraphernalia — could aggravate the charges. It is always advisable to seek knowledgeable counsel from an Orlando criminal defense attorney.
“Interestingly, you can not be charged with a felony if, when they say they find you to be in possession of the drug, they find it in possession because it’s in your blood stream or in your urine. If they do a blood test and they find you to be in possession of cocaine, they can’t charge you with possession of cocaine. There may be an assumption that you must have, at some point in time, possessed it. You must have, at some time, ingested it. But there’s no evidence that you did that voluntarily or you did that while you were within the county or within the state of Florida, so in that case the law is pretty solid that if the only place where they find it is inside of you– Now, if they find a glassine container of cocaine inside of you or you flew in from the country and you swallowed it with the idea of getting it out after you got here, they can charge you with that. But not if it’s in your blood.”