But the pot was not in my possession!?
I hear this all of the time. Under Florida law , there is actual and constructive possession. Actual possession is when the illicit drugs are on your person. In other words, the drugs are in your pocket, in your sock, or in your hand. Actual possession is an easier case for the State to prosecute. There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive possession is where it gets tricky. Constructive possession means a person exercised control over a substance. Mere proximity does not establish intentional control. In order to prove "possession" the state must prove beyond a reasonable doubt that the defendant 1) knew of the existence of the drugs and 2) intentionally exercised control over the drugs. Let's take the following scenario. You are the passenger in a car with a friend. You are sitting in the front, passenger seat. Unbeknownst to you, there is a make-up bag underneath your seat with .5 grams