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Pinellas Criminal Law Florida criminal law, explained
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Florida statute summary

F.S. §893.13 — Drug Possession, Sale, Manufacture, and Delivery

The main Florida statute on controlled substance offenses below trafficking amounts, covering possession and sale, manufacture, or delivery.

  • Updated
  • Checked against the official text
  • Topic: Drug Crimes

Official text

Read the wording of section 893.13 as published by The Florida Senate.

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What this section covers

Section 893.13 prohibits selling, manufacturing, or delivering a controlled substance, possessing one with intent to do so, and simple possession without a valid prescription. The offense level depends on which schedule in section 893.03 the substance falls under, and on where the offense happened.

Offense levels

  • Possession of a controlled substance: generally a third-degree felony.
  • Possession of 20 grams or less of cannabis: first-degree misdemeanor. For this purpose cannabis does not include the resin extracted from the plant or preparations of it.
  • Sale, manufacture, delivery, or possession with intent: a second-degree felony for the substances in the most serious schedules listed, a third-degree felony for others, and a first-degree misdemeanor for Schedule V substances.
  • Near certain places: the level increases when the offense is committed within 1,000 feet of places such as a school, child care facility, park, college, place of worship, or public housing.

Quantities above the thresholds in section 893.135 are prosecuted as trafficking, which carries mandatory minimum prison terms.

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