Florida Statute 893.2 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

View Entire Chapter

F.S. 893.02

893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Administer” or “administration” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal.

(2) “Cannabinoid receptor agonist” means a chemical compound or substance that, according to scientific or medical research, study, testing, or analysis demonstrates the presence of binding activity at one or more of the CB1 or CB2 cell membrane receptors located within the human body.

¹(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473.

(4) “Controlled substance” means any substance named or described in Schedules I-V of s. 893.03. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of such substances are drug abuse laws.

(5) “Cultivating” means the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance.

(6) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(7) “Dispense” means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user.

(8) “Distribute” means to deliver, other than by administering or dispensing, a controlled substance.

(9) “Distributor” means a person who distributes.

(10) “Department” means the Department of Health.

(11) “Homologue” means a chemical compound in a series in which each compound differs by one or more repeating hydrocarbon functional group units at any single point within the compound.

(12) “Hospital” means an institution for the care and treatment of the sick and injured, licensed pursuant to the provisions of chapter 395 or owned or operated by the state or Federal Government.

(13) “Laboratory” means a laboratory approved by the Drug Enforcement Administration as proper to be entrusted with the custody of controlled substances for scientific, medical, or instructional purposes or to aid law enforcement officers and prosecuting attorneys in the enforcement of this chapter.

(14) “Listed chemical” means any precursor chemical or essential chemical named or described in s. 893.033.

(15)(a) “Manufacture” means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by:

1. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice.

2. A practitioner, or by his or her authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.

(b) “Manufacturer” means and includes every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to manufacturers of patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition.

(16) “Mixture” means any physical combination of two or more substances, including, but not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage unit, whether or not such combination can be separated into its components by physical means, whether mechanical or thermal.

(17) “Nitrogen-heterocyclic analog” means an analog of a controlled substance which has a single carbon atom in a cyclic structure of a compound replaced by a nitrogen atom.

(18) “Patient” means an individual to whom a controlled substance is lawfully dispensed or administered pursuant to the provisions of this chapter.

(19) “Pharmacist” means a person who is licensed pursuant to chapter 465 to practice the profession of pharmacy in this state.

(20) “Positional isomer” means any substance that possesses the same molecular formula and core structure and that has the same functional group or substituent as those found in the respective controlled substance, attached at any positions on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective controlled substance. Rearrangements of alkyl moieties within or between functional groups or substituents, or divisions or combinations of alkyl moieties, which do not create new chemical functionalities or destroy existing chemical functionalities, are allowed and include resulting compounds that are positional isomers. As used in this definition, the term “core structure” means the parent molecule that is the common basis for the class that includes, but is not limited to, tryptamine, phenethylamine, or ergoline. Examples of rearrangements resulting in creation or destruction of chemical functionalities, and therefore resulting in compounds that are not positional isomers, include, but are not limited to, ethoxy to alpha-hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of rearrangements resulting in compounds that would be positional isomers, include, but are not limited to, tert-butyl to sec-butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha-methylamino to N-methylamino.

(21) “Possession” includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.

(22) “Potential for abuse” means that a substance has properties of a central nervous system stimulant or depressant or an hallucinogen that create a substantial likelihood of its being:

(a) Used in amounts that create a hazard to the user’s health or the safety of the community;

(b) Diverted from legal channels and distributed through illegal channels; or

Proof of potential for abuse can be based upon a showing that these activities are already taking place, or upon a showing that the nature and properties of the substance make it reasonable to assume that there is a substantial likelihood that such activities will take place, in other than isolated or occasional instances.

(23) “Practitioner” means a physician licensed under chapter 458, a dentist licensed under chapter 466, a veterinarian licensed under chapter 474, an osteopathic physician licensed under chapter 459, an advanced practice registered nurse licensed under chapter 464, a naturopath licensed under chapter 462, a certified optometrist licensed under chapter 463, a psychiatric nurse as defined in s. 394.455, a podiatric physician licensed under chapter 461, or a physician assistant licensed under chapter 458 or chapter 459, provided such practitioner holds a valid federal controlled substance registry number.

(24) “Prescription” includes any order for drugs or medicinal supplies which is written or transmitted by any means of communication by a licensed practitioner authorized by the laws of this state to prescribe such drugs or medicinal supplies, is issued in good faith and in the course of professional practice, is intended to be dispensed by a person authorized by the laws of this state to do so, and meets the requirements of s. 893.04.

(a) The term also includes an order for drugs or medicinal supplies transmitted or written by a physician, dentist, veterinarian, or other practitioner licensed to practice in a state other than Florida, but only if the pharmacist called upon to fill such an order determines, in the exercise of his or her professional judgment, that the order was issued pursuant to a valid patient-physician relationship, that it is authentic, and that the drugs or medicinal supplies ordered are considered necessary for the continuation of treatment of a chronic or recurrent illness.

(b) If the physician writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of the prescription.

(c) A prescription for a controlled substance may not be issued on the same prescription blank with another prescription for a controlled substance that is named or described in a different schedule or with another prescription for a medicinal drug, as defined in s. 465.003, that is not a controlled substance.

(25) “Wholesaler” means any person who acts as a jobber, wholesale merchant, or broker, or an agent thereof, who sells or distributes for resale any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to persons who sell only patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition.

History.—s. 2, ch. 73-331; s. 1, ch. 75-18; s. 470, ch. 77-147; s. 1, ch. 77-174; s. 184, ch. 79-164; s. 1, ch. 79-325; s. 37, ch. 82-225; s. 169, ch. 83-216; s. 1, ch. 85-242; s. 1, ch. 91-279; s. 1, ch. 92-19; s. 1434, ch. 97-102; s. 104, ch. 97-264; s. 234, ch. 98-166; s. 300, ch. 99-8; s. 10, ch. 99-186; s. 1, ch. 2000-320; s. 3, ch. 2001-55; s. 10, ch. 2002-78; s. 13, ch. 2005-128; s. 1, ch. 2008-184; s. 18, ch. 2010-117; s. 1, ch. 2011-73; s. 12, ch. 2013-26; s. 5, ch. 2014-157; s. 1, ch. 2016-105; s. 5, ch. 2016-145; s. 18, ch. 2016-224; s. 9, ch. 2016-231; ss. 1, 10, ch. 2017-232; s. 83, ch. 2018-106; s. 2, ch. 2019-132; s. 1, ch. 2019-166; s. 2, ch. 2021-154; s. 26, ch. 2022-35; s. 3, ch. 2023-299.

¹Note.—Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, subsection (3), as amended by s. 1, ch. 2017-232, will read:

(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “low-THC cannabis,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986.

F.S. 893.02 on Google Scholar

F.S. 893.02 on CourtListener

Amendments to 893.02

Annotations, Discussions, Cases:

Cases Citing Statute 893.02

Total Results: 106

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

of money or something of value. Manufacture F.S. 893.02(12)(a) "Manufacture" means the production, preparation

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

"Deliver" or "delivery" means the actual, F.S. 893.02(5) constructive, or attempted transfer

In Re Standard Inst. in Crim. Cases (No. 2005-3)

969 So. 2d 245, 2007 WL 3101743

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698

Cited 67 times | Published

promise of money or something of value. Manufacture. § 893.02(123)(a), Fla. Stat. "Manufacture" means the production

Hively v. State

336 So. 2d 127

District Court of Appeal of Florida | Filed: Jul 16, 1976 | Docket: 1378577

Cited 45 times | Published

practice... ." Cannabis is a controlled substance. Section 893.02(3) and Section 893.03(1)(c), Florida Statutes

State v. Williams

623 So. 2d 462, 1993 WL 241021

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1183726

Cited 37 times | Published

as to violate Florida's due process clause. Section 893.02(12)(a), Florida Statutes (1989), defines "manufacture"

Wilcott v. State

509 So. 2d 261, 12 Fla. L. Weekly 248

Supreme Court of Florida | Filed: May 21, 1987 | Docket: 373697

Cited 30 times | Published

in charge of such correctional institution. Section 893.02(3), Florida Statutes (1983), lists cannabis

Milazzo v. State

377 So. 2d 1161

Supreme Court of Florida | Filed: Dec 13, 1979 | Docket: 423653

Cited 26 times | Published

pleading specifically charges an attempt... . Section 893.02(4), Florida Statutes (1975), defines "deliver"

Cilento v. State

377 So. 2d 663

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 1521726

Cited 20 times | Published

this offense a misdemeanor. The definitions in section 893.02 provide the following guidance: (4) "Deliver"

Nelson v. State

319 So. 2d 154

District Court of Appeal of Florida | Filed: Sep 26, 1975 | Docket: 444317

Cited 20 times | Published

defined in Chapter 404, Florida Statutes, (now Section 893.02, Florida Statutes) is not inclusive of all

Willis v. State

320 So. 2d 823

District Court of Appeal of Florida | Filed: Oct 24, 1975 | Docket: 1409130

Cited 18 times | Published

" Phenobarbital is a controlled substance. Section 893.02(3) and Section 893.03(4), Florida Statutes

Kelly v. State

593 So. 2d 1060, 1992 WL 619

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 446641

Cited 17 times | Published

legal and desirable. Manufacture is defined in section 893.02(12)(a), Florida Statutes (1989), as: The production

Purifoy v. State

359 So. 2d 446

Supreme Court of Florida | Filed: May 18, 1978 | Docket: 1418430

Cited 17 times | Published

decisions gives rise to our jurisdiction.[4] Section 893.02(2), Florida Statutes (1975), defines "cannabis"

Sobrino v. State

471 So. 2d 1333, 10 Fla. L. Weekly 1591

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1396897

Cited 12 times | Published

[2] The definition of delivery contained in section 893.02(4), Florida Statutes (1983) is as follows:

Adoue v. State

408 So. 2d 567

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 1449750

Cited 10 times | Published

State, 366 So.2d 8 (Fla. 1978). We hold that section 893.02(2), Florida Statutes (1977), defining "cannabis"

State v. Vinson

320 So. 2d 50

District Court of Appeal of Florida | Filed: Oct 8, 1975 | Docket: 1409010

Cited 10 times | Published

he is a "practitioner" within the purview of § 893.02, F.S. 1973, and, pursuant to § 893.05(1), F.S

State v. Vinson

298 So. 2d 505

District Court of Appeal of Florida | Filed: Jul 19, 1974 | Docket: 1438957

Cited 10 times | Published

among those defined as a practitioner under Section 893.02, and Section 893.05(1) provides that: "A practitioner

Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions

181 So. 3d 471, 2015 WL 9258263

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 60252586

Cited 9 times | Published

“Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition

Davis v. State

560 So. 2d 1231, 1990 WL 37488

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1477421

Cited 9 times | Published

[This is also the statutory definition in section 893.02(5), Florida Statutes.] (3) "Sell" means to

Jordan v. State

419 So. 2d 363

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 1585882

Cited 9 times | Published

definition of cannabis, which has been amended, Section 893.02(2), Florida Statutes (1979), and now reads:

Willingham v. State

541 So. 2d 1240, 1989 WL 17233

District Court of Appeal of Florida | Filed: Mar 3, 1989 | Docket: 1516564

Cited 8 times | Published

money or something of value." According to section 893.02(5), "`deliver' or `delivery' means the actual

Cronin v. State

470 So. 2d 802, 10 Fla. L. Weekly 1442

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1261560

Cited 8 times | Published

preparation of the plant or its seeds or resin. § 893.02(2), Fla. Stat. (1983). The statutory definition

State v. Weeks

335 So. 2d 274

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 1711331

Cited 8 times | Published

further defines the applicable class of persons in § 893.02(14), Fla. Stat. (1975). "Practitioner," as used

Fotianos v. State

329 So. 2d 397

District Court of Appeal of Florida | Filed: Apr 1, 1976 | Docket: 1672825

Cited 7 times | Published

that there were three species of cannabis. Section 893.02(2), Florida Statutes, does not limit itself

O'HARA v. State

964 So. 2d 839, 2007 WL 2713539

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1223009

Cited 6 times | Published

prescription." A controlled substance is defined in section 893.02(4) as "any substance named or described in

Cooper v. State

512 So. 2d 1071, 12 Fla. L. Weekly 2216

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 473188

Cited 6 times | Published

court, reasoned: Cannabis is contraband under section 893.02(3), Florida Statutes (1983). The information

Williams v. State

377 So. 2d 755

District Court of Appeal of Florida | Filed: Nov 29, 1979 | Docket: 423669

Cited 6 times | Published

must be excluded in weighing marijuana under Section 893.02(2), Florida Statutes (1975). At trial, an expert

Newman v. State

522 So. 2d 71, 1988 WL 12537

District Court of Appeal of Florida | Filed: Feb 24, 1988 | Docket: 1660893

Cited 5 times | Published

controlled substance from one person to another. § 893.02(5), Fla. Stat. (1985). Appellant argues the cocaine

Rush v. DEPT. OF PROF. REG.

448 So. 2d 26

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 429302

Cited 5 times | Published

controlled substances by the State of Florida. Section 893.02(14), Florida Statutes (1981). The Legislature

Ramon Duran Guillen v. U.S. Attorney General

910 F.3d 1174

Court of Appeals for the Eleventh Circuit | Filed: Dec 13, 2018 | Docket: 8405756

Cited 4 times | Published

"Controlled substance" is separately defined by § 893.02(4), by reference to schedules provided in § 893

City of Tampa v. McAfee

896 So. 2d 943, 2005 WL 544234

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1282974

Cited 4 times | Published

controlled substance as defined in Florida Statute section 893.02 (1995); or (3) Was used, intended or attempted

Graddy v. Wal-Mart Stores East, LP

237 F. Supp. 3d 1223, 2017 U.S. Dist. LEXIS 20676, 2017 WL 600094

District Court, M.D. Florida | Filed: Feb 14, 2017 | Docket: 64312916

Cited 3 times | Published

medication as that term is defined in the statute. See § 893.02(7), Fla. Stat. (" ‘Dispense’ means the transfer

Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions

132 So. 3d 786, 2014 WL 289984

Supreme Court of Florida | Filed: Jan 27, 2014 | Docket: 401476

Cited 3 times | Published

“Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013). (5) “Medical Marijuana

Brainard v. State

380 So. 2d 1302

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1218082

Cited 3 times | Published

the resin extracted from any part of the plant. § 893.02(2), Fla. Stat. (1979). Further, possession is

Walker v. State

318 So. 2d 519

District Court of Appeal of Florida | Filed: Aug 12, 1975 | Docket: 1739293

Cited 3 times | Published

cannabis ruderalis. The trial judge determined that § 893.02(2), Fla. Stat. which defines cannabis did not

State v. Sanchez

133 So. 3d 1038, 2014 WL 51696, 2014 Fla. App. LEXIS 155

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238648

Cited 2 times | Published

practitioner as defined under the plain language of section 893.02(20). Appellee was charged with nine offenses

In re Standard Jury Instructions in Criminal Cases-Report No. 2011-05

141 So. 3d 132, 2012 WL 5869675

Supreme Court of Florida | Filed: Apr 25, 2013 | Docket: 60241808

Cited 2 times | Published

instruction includes the definitions contained in section 893.02, Florida Statutes (2012), for the words “practitioner”

Celeste v. State

79 So. 3d 898, 2012 WL 511303, 2012 Fla. App. LEXIS 2451

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2411782

Cited 2 times | Published

whether or not there is an agency relationship." § 893.02(6), Fla. Stat. (2009).

State v. Miketa

824 So. 2d 970, 2002 WL 1906131

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729369

Cited 2 times | Published

specifically spell out what is required. See: F.S. 893.02(19) "... pharmacists shall obtain proof ... of

State v. Travis

808 So. 2d 194, 2002 WL 58552

Supreme Court of Florida | Filed: Jan 17, 2002 | Docket: 1474048

Cited 2 times | Published

amended section 893.02, Florida Statutes (2001), to include a definition for mixture. Section 893.02(14)

Drain v. State

601 So. 2d 256, 1992 WL 111579

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 1305529

Cited 2 times | Published

C.J., and DAUKSCH, J., concur. NOTES [1] Section 893.02(4), Fla. Stat. [2] Thus "the language [in

Milazzo v. State

359 So. 2d 923

District Court of Appeal of Florida | Filed: Jun 20, 1978 | Docket: 1417722

Cited 2 times | Published

1975), affirmed 339 So.2d 172 (Fla. 1976). Section 893.02(4), Florida Statutes (1975) provides that:

Wright v. State

351 So. 2d 1127

District Court of Appeal of Florida | Filed: Nov 17, 1977 | Docket: 1247482

Cited 2 times | Published

than a random sample was a near impossibility. Section 893.02(2), Florida Statutes, defines "cannabis" as:

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

possession of 25 or more cannabis plants. § 893.02(3), Fla. Stat. "Cannabis" means all

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

money or something of value. Manufacture. § 893.02(13)(a), Fla. Stat. “Manufacture” means

Gonzalez v. State

123 So. 3d 691, 2013 WL 5729766, 2013 Fla. App. LEXIS 16769

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235169

Cited 1 times | Published

processing of a controlled substance *692...."§ 893.02(14)(a), Fla. Stat. (2010) (emphasis added).

Mackle Vincent Shelton v. Secretary, Department of Corrections

691 F.3d 1348, 2012 WL 3640966, 2012 U.S. App. LEXIS 17992

Court of Appeals for the Eleventh Circuit | Filed: Aug 24, 2012 | Docket: 593280

Cited 1 times | Published

agency relationship.” See Fla. Stat. § 893.02(6). 13 . Shelton v. State

Shelton v. Secretary, Department of Corrections

802 F. Supp. 2d 1289, 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 65975126

Cited 1 times | Published

not there is an agency relationship.” Fla. Stat. § 893.02(6). . The State of Washington adopted the Uniform

Amaya v. State

782 So. 2d 984, 2001 Fla. App. LEXIS 5175, 2001 WL 388037

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64804881

Cited 1 times | Published

possession.” However the 1992 amendment to section 893.02(16), Florida negates the possibility of such

Holliday v. City of Tampa

619 So. 2d 244, 18 Fla. L. Weekly Supp. 200, 1993 Fla. LEXIS 518, 1993 WL 82704

Supreme Court of Florida | Filed: Mar 25, 1993 | Docket: 1721839

Cited 1 times | Published

controlled substance as that term is defined in section 893.02, F.S. (1988), as now enacted or hereinafter

Wiggins v. State

460 So. 2d 483

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1767054

Cited 1 times | Published

one person to another of a controlled substance. § 893.02(4), Florida Statutes. The appellant contends that

Kenny v. State

382 So. 2d 304, 1978 Fla. App. LEXIS 17313

District Court of Appeal of Florida | Filed: Dec 22, 1978 | Docket: 64575526

Cited 1 times | Published

pounds of cannabis as that term is defined by Section 893.02(2), Florida Statutes (1977). Purifoy, supra

Ernest Lawson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891682

Published

named or described in Schedule I-V of s. 893.03.” § 893.02(4), Fla. Stat. (2023). Section 893.03, Florida

Melphys Santana-Ozuna v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808212

Published

testing, irrespective of dominion or control.” § 893.02(21), Fla. Stat. (2024); see also Amaya v. State

Campbell v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69792800

Published

preparation of the plant or its seeds or resin." § 893.02(3), Fla. Stat. (2018). Because marijuana and hemp

Simmons v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69404295

Published

definition of "cannabis" found in section 893.02(3), Florida Statutes, "does not include

Simmons v. State of Florida

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404295

Published

definition of "cannabis" found in section 893.02(3), Florida Statutes, "does not include

Marken Leger v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: May 20, 2024 | Docket: 67993862

Published

Argued: Nov 9, 2023

“[b]y the plain language of [Fla. Stat.] § 893.02(3), not all substances that it proscribes are

State of Florida v. Elijah Fortin

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357967

Published

Prevention Control Act’s definition of cannabis in section 893.02(3), Florida Statutes (2021), excluding hemp

The State of Florida v. Daniel Arshadnia

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103690

Published

preparation of the plant or its seeds or resin.”1 § 893.02(3), Fla. Stat. (italics in original). In

JASON HASSAN BAXTER vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 27, 2023 | Docket: 68034062

Published

Prevention Control Act definition of cannabis in section 893.02(3), Florida Statutes (2021), and current caselaw

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit | Filed: Dec 13, 2022 | Docket: 66631832

Published

described in Schedules I through V of s. 893.03.” Id. § 893.02(4) (1998); see also id. (2004) (“‘Controlled

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2022 | Docket: 63381032

Published

as defined in Schedules I through V, Fla. Stat. § 893.02(4). The only element of that crime in question

United States v. Eugene Jackson

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2022 | Docket: 63375807

Published

as defined in Schedules I through V, Fla. Stat. § 893.02(4). The only element of that crime in question

Fuad Fares Fuad Said v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Mar 24, 2022 | Docket: 63183498

Published

of the plant or its seeds or resin.” Fla. Stat. § 893.02(3) (emphasis added). We apply the categorical

STATE OF FLORIDA v. LUCAS STEVENSON

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706930

Published

cartridges from the definition of cannabis under section 893.02(3), Florida Statutes (2019), which includes

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Supreme Court of Florida | Filed: Feb 6, 2020 | Docket: 16811588

Published

possession of 25 or more cannabis plants. § 893.02(3), Fla. Stat. “Cannabis” means all parts

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

excluded from the definition of “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1), Fla

HERBERT REESE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16400360

Published

or not there is an agency relationship." § 893.02(6). Thus, an individual must possess the drugs

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

more persons may possess a substance. § 893.02( 21 23 ), Fla. Stat

Mary Jane Terry v. State of Florida

267 So. 3d 566

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865377

Published

or processing of a controlled substance.” See § 893.02(15)(a), Fla. Stat. (defining “manufactured” for

Florida Department of Health v. Joseph Redner, an individual

273 So. 3d 170

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865383

Published

“Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition

Diaz v. State

272 So. 3d 482

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865442

Published

possessed was not a controlled substance under section 893.02(4) at the time he possessed it and therefore

Kramer Forest v. State of Florida

257 So. 3d 603

District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8048726

Published

named or described in Schedules I-V of s. 893.03.” § 893.02(4), Fla. Stat. (2016). Cannabis, or marijuana

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-03 – Corrected Opinion

Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342214

Published

the plant]. Give if applicable. Mixture. § 893.02(16), Fla. Stat. “Mixture” means any physical

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-03.

238 So. 3d 182

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327898

Published

plant]. Give if applicable. Mixture. § 893.02(16), Fla. Stat. "Mixture" means

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

something of value. *501 Manufacture, § 893,02(15)(a), Fla, Stat. “Manufacture” means

Ryan Wilder v. State of Florida

194 So. 3d 1050, 2016 Fla. App. LEXIS 9223, 2016 WL 3266119

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078541

Published

3 .. "Mixture” is defined by section 893,02(16) to mean “any physical combination of two

Ryan Wilder v. State of Florida

194 So. 3d 1050, 2016 Fla. App. LEXIS 9223, 2016 WL 3266119

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078541

Published

3 .. "Mixture” is defined by section 893,02(16) to mean “any physical combination of two

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

money or something of value. Manufacture. § 893.02(135)(a), Fla. Stat. “Manufacture” means

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

191 So. 3d 291, 2016 WL 1375710

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051607

Published

money or something of value. Manufacture. § 893.02(135)(a), Fla. Stat. ' “Manufacture”

& SC15-2002 Advisory Opinion to The Attorney General Re: Use of Marijuana for Debilitating Medical Conditions & Advisory Opinion to The Attorney General Re: Use of Marijuana for Debilitating Medical Conditions (FIS)

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022133

Published

“Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition

Dana David Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2014 | Docket: 2598073

Published

means of chemical synthesis . . . .” § 893.02(15)(a), Fla. Stat. (2011). According to

Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions (Financial Impact Statement)

Supreme Court of Florida | Filed: Jan 27, 2014 | Docket: 401480

Published

“Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013). (5) “Medical

In re Standard Jury Instructions in Criminal Cases-Instructions 25.9-25.13

112 So. 3d 1211, 2013 WL 1664379

Supreme Court of Florida | Filed: Apr 18, 2013 | Docket: 60230991

Published

Definitions. Give as applicable. Cannabis. § 893.02(3), Fla. Stat. “Cannabis” means all parts of

State v. Estrada

76 So. 3d 371, 2011 Fla. App. LEXIS 20454, 36 Fla. L. Weekly Fed. D 2771

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 438893

Published

preparation of the plant or its seeds or resin." § 893.02(3), Fla. Stat. (2008). This statutory definition

Johnson v. State

150 So. 3d 214, 2011 WL 12539461

District Court of Appeal of Florida | Filed: Nov 14, 2011 | Docket: 60244213

Published

independently by means of chemical synthesis ....”§ 893.02(15)(a), Fla. Stat. (2011). According to Appellant

Keller v. State

946 So. 2d 1233, 2007 Fla. App. LEXIS 184, 2007 WL 57270

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848630

Published

possession for the purpose of verification or testing. § 893.02(17), Fla. Stat. (2005). Florida courts have recognized

State v. Velasquez

879 So. 2d 1259, 2004 Fla. App. LEXIS 11736, 2004 WL 1779135

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832198

Published

between processed and unprocessed cannabis. See § 893.02(3), Fla. Stat. (2001); State v. Castro, 840 So

Standard Jury Instructions in Criminal Cases (2003-1)

869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 64829550

Published

promise of money or something of value. Deliver F.S. 893.02(5)- “Deliver” or “delivery— means the-actual

State v. Castro

840 So. 2d 1121, 2003 WL 1524464

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1435444

Published

admittedly greater than 25 pounds. We disagree. Section 893.02, Florida Statutes (2002), defines the term

State v. Myers

814 So. 2d 1200, 2002 Fla. App. LEXIS 5133, 2002 WL 649112

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 64814680

Published

noting that such manufacture was prohibited by section 893.02(12)(a), Florida Statutes (1989), and characterized

Ortega v. State

755 So. 2d 813, 2000 Fla. App. LEXIS 4551, 2000 WL 390399

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 64796793

Published

by possession of *814more than 400 grams. See § 893.02(16), Fla. Stat. (1997)(providing “ ‘[possession’

Hamilton v. State

732 So. 2d 493, 1999 Fla. App. LEXIS 6761, 1999 WL 359809

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64788226

Published

subsection (16) to the definitions outlined *495in section 893.02. That subsection states: “ ‘Possession’ includes

Rahman v. State

697 So. 2d 1278, 1997 Fla. App. LEXIS 9287, 1997 WL 473559

District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775378

Published

PER CURIAM. Affirmed. See § 893.02(16), Fla. Stat. (1995); State v. Delva, 575 So.2d 643 (Fla. 1991)

State v. Nellums

614 So. 2d 676, 1993 Fla. App. LEXIS 2421, 1993 WL 55630

District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 64694643

Published

If we were to apply the 1992 amendment to Section 893.02(16), Florida Statutes, which redefined the

State v. Caminiti

613 So. 2d 141, 1993 Fla. App. LEXIS 1258, 1993 WL 20440

District Court of Appeal of Florida | Filed: Feb 3, 1993 | Docket: 64693901

Published

fell within the definition of “manufacturing.” Section 893.02(13)(a) provides: “Manufacture” means the production

Hatch v. State, Department of Revenue

585 So. 2d 1077, 1991 Fla. App. LEXIS 8620, 1991 WL 174433

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 64661584

Published

transaction or incident. (Emphasis supplied.) Section 893.02, Florida Statutes (1989), defines cannabis

S.N. v. State

463 So. 2d 343, 10 Fla. L. Weekly 148, 1985 Fla. App. LEXIS 11914

District Court of Appeal of Florida | Filed: Jan 10, 1985 | Docket: 64609852

Published

attempted delivery constitutes delivery under section 893.02(4), Florida Statutes (1983)4 because delivery

Peak v. State

443 So. 2d 359, 1983 Fla. App. LEXIS 25331

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 64601984

Published

cultivated the plants. “Manufacture” is defined in Section 893.-02(ll)(a) as: [T]he production, preparation, progagation

West v. State

439 So. 2d 907, 1983 Fla. App. LEXIS 21784

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 64600273

Published

controlled substances” have a definite meaning. See § 893.02(3), Fla.Stat. (1981). In fact, the majority recognizes

Bosier v. State

419 So. 2d 1042, 1982 Fla. LEXIS 2531

Supreme Court of Florida | Filed: Sep 9, 1982 | Docket: 64592217

Published

includes the attempt to commit the crime. See § 893.02(4), Fla.Stat. (1979). The crime of sale, on the

Retherford v. State

386 So. 2d 881, 1980 Fla. App. LEXIS 17343

District Court of Appeal of Florida | Filed: Aug 18, 1980 | Docket: 64577670

Published

the plant which is incapable of germination. Section 893.02(2), Florida Statutes, (1977). Hashish, by name

Blair v. State

384 So. 2d 685, 1980 Fla. App. LEXIS 16200

District Court of Appeal of Florida | Filed: May 21, 1980 | Docket: 64576561

Published

v. State, id., our supreme court noted that Section 893.02(2), Florida Statutes (1977), defines “cannabis”

Dorsey v. State

367 So. 2d 692, 1979 Fla. App. LEXIS 14165

District Court of Appeal of Florida | Filed: Feb 9, 1979 | Docket: 64568611

Published

concurs. MILLS, Acting C. J., dissenting. . Section 893.02(2), Fla.Stat. (1977), excludes from its definition

Purifoy v. State

342 So. 2d 560, 1977 Fla. App. LEXIS 15314

District Court of Appeal of Florida | Filed: Feb 16, 1977 | Docket: 64557118

Published

parts of the plant, such as mature stalks. Section 893.02(2), Florida Statutes (1975). Purifoy contends

Casey v. State

330 So. 2d 41, 1976 Fla. App. LEXIS 14093

District Court of Appeal of Florida | Filed: Feb 10, 1976 | Docket: 64553205

Published

as a controlled substance, and is defined in Section 893.02(2), Florida Statutes, in such broad and general