The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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 Casetext

Amendments to 893.02

Arrestable Offenses / Crimes under Fla. Stat. 893.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . . §§ 775.051, 893.02(2 1 3 )Fla. Stats. . . . Give if applicable. §§ 775.051, 893.02(2 1 3 ) Fla. Stat s . . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . . § 893.02( 21 23 ), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . Deliver. § 893.02(6), Fla.Stat. . . . Analog. § 893.02(2), Fla.Stat. . . .

TERRY, v. STATE, 267 So. 3d 566 (Fla. App. Ct. 2019)

. . . See § 893.02(15)(a), Fla. Stat. (defining "manufactured" for purposes of § 893.13 ). . . .

DIAZ, v. STATE, 272 So. 3d 482 (Fla. App. Ct. 2019)

. . . , alcohol or "any drug or drug of any kind or nature ... and controlled substances as defined in s. 893.02 . . . the particular synthetic cannabinoid which he possessed was not a controlled substance under section 893.02 . . . this particular synthetic cannabinoid was not added to the list of controlled substances in section 893.02 . . . But, while section 951.22(1) prohibits possession of controlled substances as defined in s. 893.02(4) . . . including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02 . . .

FLORIDA DEPARTMENT OF HEALTH, v. REDNER,, 273 So. 3d 170 (Fla. App. Ct. 2019)

. . . Department of Health or its successor agency. .... (4) "Marijuana" has the meaning given cannabis in Section 893.02 . . . In 2014, section 893.02(3) stated: (3) "Cannabis" means all parts of any plant of the genus Cannabis, . . .

GUILLEN, v. U. S. ATTORNEY GENERAL,, 910 F.3d 1174 (11th Cir. 2018)

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

FOREST, v. STATE, 257 So. 3d 603 (Fla. App. Ct. 2018)

. . . ." § 893.02(4), Fla. Stat. (2016). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 182 (Fla. 2018)

. . . . §§ 893.02(3), 893.13(6)(b), Fla. Stat. See Comment section for medical marijuana. . . . Mixture. § 893.02(16), Fla. Stat. . . . Give if applicable. § 893.02(19), Fla. Stat. . . . "medical cannabis" or "low-THC cannabis," which is excluded from the definition of "cannabis" in § 893.02 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . . § 893.02(3), Fla. Stat. . . . another person in exchange for money or something of value or a promise of money or something of value. § 893.02 . . . Comments It is unlawful to sell or manufacture all of the controlled substances listed in § 893.02, Florida . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . Deliver. § 893.02(6), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . S 893.02(16). Fla. Stat. . . .

GRADDY, v. WAL- MART STORES EAST, LP,, 237 F. Supp. 3d 1223 (M.D. Fla. 2017)

. . . See § 893.02(7), Fla. . . .

In FORFEITURE OF FORD EXPLORER, No. v. T. M., 203 So. 3d 992 (Fla. Dist. Ct. App. 2016)

. . . . §§ 893.02(4), .03(l)(b)(ll). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . Manufacture. § 893.02(135)(a), Fla. . . . Deliver. §. 893.02(56), Fla. Stat. . . . Deliver. § 893.02(56), Fla. Stat. . . . Deliver. § 893.02(6), Fla. Stat. . . . Analog. § 893.02(2), Fla. Stat. . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS. Re, 181 So. 3d 471 (Fla. 2015)

. . . identifies a qualifying patient or a caregiver. (4) “Marijuana” has the meaning given cannabis in Section 893.02 . . .

JACOBSON, v. STATE, 171 So. 3d 188 (Fla. Dist. Ct. App. 2015)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. ■§ 893.02)(5), Fla. . . .

BROWN, v. STATE, 150 So. 3d 281 (Fla. Dist. Ct. App. 2014)

. . . excitative drug or drug of any kind or nature, including ... controlled substances as defined in s. 893.02 . . .

W. KING, v. STATE, 146 So. 3d 505 (Fla. Dist. Ct. App. 2014)

. . . knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.02 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE USE OF MARIJUANA FOR CERTAIN MEDICAL CONDITIONS., 132 So. 3d 786 (Fla. 2014)

. . . qualifying patient’s medical use of marijuana. (4) “Marijuana” has the meaning given cannabis in Section 893.02 . . .

STATE v. SANCHEZ,, 133 So. 3d 1038 (Fla. Dist. Ct. App. 2014)

. . . dismiss and conclude that appel-lee is not a practitioner as defined under the plain language of section 893.02 . . . However, the relevant statute, section 893.02(20), Florida Statutes (2009), defines “practitioner” as . . . Pursuant to the plain language of section 893.02(20), a medical assistant or nurse is not listed under . . . wanted to include licensed medical assistant or nurse within the definition of “practitioner” in section 893.02 . . .

GONZALEZ, v. STATE, 123 So. 3d 691 (Fla. Dist. Ct. App. 2013)

. . . "§ 893.02(14)(a), Fla. Stat. (2010) (emphasis added). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 122 So. 3d 302 (Fla. 2013)

. . . . ■ §§ 775.051, 893.02(21) Fla. Stats. . . . Give if applicable. §§ 775.051, 893.02(21) Fla. Stats. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 141 So. 3d 132 (Fla. 2013)

. . . The new instruction includes the definitions contained in section 893.02, Florida Statutes (2012), for . . . ” stems from subsection (22) of section 893.02. . . . Consistent with section 893.02(22), we amend the definition of “prescription” to include prescriptions . . . Definitions. § 893.02(21), Fla. . . . . § 893.02(22), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS, 112 So. 3d 1211 (Fla. 2013)

. . . . § 893.02(3), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . .

SHELTON, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 691 F.3d 1348 (11th Cir. 2012)

. . . . § 893.02(6). . Shelton v. State, 932 So.2d 212 (Fla.Dist.Ct.App.2006) (table decision). . . . .

STATE v. ADKINS,, 96 So. 3d 412 (Fla. 2012)

. . . . §§ 893.02(6), 893.13(l)(a). . . .

CELESTE, v. STATE, 79 So. 3d 898 (Fla. Dist. Ct. App. 2012)

. . . .” § 893.02(6), Fla. Stat. (2009). . . .

STATE v. ESTRADA, 76 So. 3d 371 (Fla. Dist. Ct. App. 2011)

. . . .” § 893.02(3), Fla. Stat. (2008). . . . must be noted that the statute's definition of cannabis includes plants "whether growing or not.” § 893.02 . . .

JOHNSON, v. STATE, 150 So. 3d 214 (Fla. Dist. Ct. App. 2011)

. . . .”§ 893.02(15)(a), Fla. Stat. (2011). . . .

SHELTON, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 802 F. Supp. 2d 1289 (M.D. Fla. 2011)

. . . . §§ 893.02(6), 893.13(l)(a). . . . Stat. §§ 893.02(6), 893.13(l)(a). . . . Stat. § 893.02(6). . . . .

VAN ENS, v. STATE, 48 So. 3d 997 (Fla. Dist. Ct. App. 2010)

. . . Section 893.135(6) and (7), Florida Statutes sets forth: (6) A mixture, as defined in s. 893.02, containing . . .

SMITH, v. STATE, 28 So. 3d 838 (Fla. 2009)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s.893.02 . . .

UNITED STATES v. SANCHEZ- FLORES,, 357 F. App'x 833 (9th Cir. 2009)

. . . . § 893.02(8), in a manner almost identical to the definitions of “distribute” and “delivery” in the . . .

STIMUS, v. STATE, 995 So. 2d 1149 (Fla. Dist. Ct. App. 2008)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

MONTERO, v. STATE, 996 So. 2d 888 (Fla. Dist. Ct. App. 2008)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

SANKAR, v. U. S. ATTORNEY GENERAL,, 284 F. App'x 798 (11th Cir. 2008)

. . . . §§ 893.13(6)(A), 893.02(2)(a)(4). . . .

CARTER, v. STATE, 980 So. 2d 473 (Fla. 2008)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 969 So. 2d 245 (Fla. 2007)

. . . . § 893.02(123) (a), Fla. Stat. . . . Deliver, § 893.02(5), Fla. Stat. . . . Deliver § 893.02(5), Fla. Stat. . . . Deliver. § 893.02(5), Fla. Stat. . . . Deliver, § 893.02(5), Fla.Stat. . . .

O HARA, v. STATE, 964 So. 2d 839 (Fla. Dist. Ct. App. 2007)

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

KELLER, v. STATE, 946 So. 2d 1233 (Fla. Dist. Ct. App. 2007)

. . . . § 893.02(17), Fla. Stat. (2005). . . .

JONES, v. STATE v. R., 949 So. 2d 1021 (Fla. 2006)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

TROY, v. STATE, 948 So. 2d 635 (Fla. 2006)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

LUCHERINI, v. STATE, 932 So. 2d 521 (Fla. Dist. Ct. App. 2006)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

CITY OF TAMPA, a v. McAFEE,, 896 So. 2d 943 (Fla. Dist. Ct. App. 2005)

. . . 796.07 (1995); or (2) Unlawfully contains any controlled substance as defined in Florida Statute section 893.02 . . .

STATE v. VELASQUEZ,, 879 So. 2d 1259 (Fla. Dist. Ct. App. 2004)

. . . See § 893.02(3), Fla. Stat. (2001); State v. Castro, 840 So.2d 1121, 1121-22 (Fla. 3d DCA 2003). . . .

DOUGLAS, v. STATE, 878 So. 2d 1246 (Fla. 2004)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 869 So. 2d 1205 (Fla. 2004)

. . . Deliver F.S. 893.02(5)- “Deliver” or “delivery— means the-actual, constructive» or attempted transfer . . .

BAUTISTA, v. STATE, 863 So. 2d 1180 (Fla. 2003)

. . . variety, a sleeping pill, a barbiturate of any variety, and a controlled substance as defined in s. 893.02 . . .

BARRETT, v. STATE, 862 So. 2d 44 (Fla. Dist. Ct. App. 2003)

. . . 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02 . . .

STATE v. CASTRO,, 840 So. 2d 1121 (Fla. Dist. Ct. App. 2003)

. . . Section 893.02, Florida Statutes (2002), defines the term cannabis as including “all” parts of any plant . . . See section 893.02(3), Fla. Stat. . . .

STATE v. MIKETA,, 824 So. 2d 970 (Fla. Dist. Ct. App. 2002)

. . . See: F.S. 893.02(19) “... pharmacists shall obtain proof ... of the validity of said prescription.” . . .

STATE v. MYERS,, 814 So. 2d 1200 (Fla. Dist. Ct. App. 2002)

. . . manufacturing crack cocaine for the sting operations, noting that such manufacture was prohibited by section 893.02 . . .

STATE v. TRAVIS,, 808 So. 2d 194 (Fla. 2002)

. . . It should be noted that the 2001 Legislature has amended section 893.02, Florida Statutes (2001), to . . . Section 893.02(14) provides: " 'Mixture' means any physical combination of two or more substances.” . . .

M. JORDAN, v. STATE, 801 So. 2d 1032 (Fla. Dist. Ct. App. 2001)

. . . including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02 . . .

AMAYA, v. STATE, 782 So. 2d 984 (Fla. Dist. Ct. App. 2001)

. . . However the 1992 amendment to section 893.02(16), Florida negates the possibility of such a claim. . . . Nellums, 614 So.2d 676 (Fla. 1st DCA 1993) (recognizing that the 1992 amendment to section 893.02(16) . . . Section 893.02(16), Florida Statutes (1997) provides that “[possession includes temporary possession . . .

ORTEGA, v. STATE, 755 So. 2d 813 (Fla. Dist. Ct. App. 2000)

. . . See § 893.02(16), Fla. . . . Nellums, 614 So.2d 676 (Fla. 1st DCA 1993)(recognizing that the 1992 amendment to section 893.02(16), . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES, 765 So. 2d 692 (Fla. 2000)

. . . See s. 893.02(4). . . .

STATE v. J. CONNELLY,, 748 So. 2d 248 (Fla. 1999)

. . . excitative drug or drug of any kind or nature, including ... controlled substances as defined in s. 893.02 . . .

L. HAMILTON, v. STATE, 732 So. 2d 493 (Fla. Dist. Ct. App. 1999)

. . . We note that in 1992 the legislature added subsection (16) to the definitions outlined in section 893.02 . . .

RAHMAN, v. STATE, 697 So. 2d 1278 (Fla. Dist. Ct. App. 1997)

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

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 697 So. 2d 84 (Fla. 1997)

. . . Manufacture F.S. 893.02(12)(a) “Manufacture” means the production, preparation, packaging, labeling or . . . Deliver F.S. 893.02(5) “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . .

O NEILL, v. STATE, 684 So. 2d 720 (Fla. 1996)

. . . . §§ 893.02(4), 893.03(2)(a)4. . . . .

TURNER, v. STATE, 661 So. 2d 93 (Fla. Dist. Ct. App. 1995)

. . . possess upon the grounds of any county detention facility ... controlled substances as defined in s. 893.02 . . .

STATE v. MANFREDONIA D., 649 So. 2d 1388 (Fla. 1995)

. . . (d) “Drug" means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03. . . .

STATE v. WILLIAMS,, 623 So. 2d 462 (Fla. 1993)

. . . Chemist, Randy Hilliard is not a “pharmacist” as defined in Chapter 893.02(14), Florida Statutes (1989 . . . Chemist, Randy Hilliard is not a “practitioner” as defined in Chapter 893.02(16), Florida Statutes (1989 . . . Section 893.02(12)(a), Florida Statutes (1989), defines “manufacture” as: the production, preparation . . .

ROZIER, v. STATE, 620 So. 2d 194 (Fla. Dist. Ct. App. 1993)

. . . declared to be contraband for the purposes of this act, ... any ... controlled substances as defined in s. 893.02 . . .

HERRE, v. STATE DEPARTMENT OF REVENUE,, 617 So. 2d 390 (Fla. Dist. Ct. App. 1993)

. . . transportation, or storage of any medicinal drug, as defined in chapter 465, cannabis, as defined in s. 893.02 . . .

HOLLIDAY, v. CITY OF TAMPA,, 619 So. 2d 244 (Fla. 1993)

. . . using, possessing, transferring or selling any controlled substance as that term is defined in section 893.02 . . .

STATE v. NELLUMS,, 614 So. 2d 676 (Fla. Dist. Ct. App. 1993)

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

STATE v. CAMINITI,, 613 So. 2d 141 (Fla. Dist. Ct. App. 1993)

. . . Section 893.02(13)(a) provides: “Manufacture” means the production, preparation, propagation, compounding . . . We concluded that the definítion of “manufacture” contained in section 893.02(12)(a), Florida Statutes . . .

STATE v. L. ALVES,, 610 So. 2d 591 (Fla. Dist. Ct. App. 1992)

. . . (d) “Drug” means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03. . . .

TSO, v. A. DELANEY, J. Jr., 969 F.2d 373 (7th Cir. 1992)

. . . . § 893.02. . . .

DRAIN, v. STATE, 601 So. 2d 256 (Fla. Dist. Ct. App. 1992)

. . . Section 893.02(4), Fla.Stat. . . . .

HATCH, Sr. a k a v. STATE, DEPARTMENT OF REVENUE,, 585 So. 2d 1077 (Fla. Dist. Ct. App. 1991)

. . . transportation, or storage of any medicinal drug as defined in chapter 465, cannabis as defined in s. 893.02 . . . Section 893.02, Florida Statutes (1989), defines cannabis as “all parts of any plant of the genus Cannabis . . . In this context, the section 893.02 definition of cannabis does not encompass the wrappings around a . . . Although the definition of cannabis set forth in section 893.02(3), and incorporated by reference into . . .

DAVIS, v. STATE, 560 So. 2d 1231 (Fla. Dist. Ct. App. 1990)

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

GRAY, f k a v. LACKE,, 885 F.2d 399 (7th Cir. 1989)

. . . . § 893.02 (West 1983). . . . Section 893.02 provides: An action is commenced, within the meaning of any provision of law which limits . . . Wis.Stat.Ann. § 893.02 (West 1983). . . . .

STATE OF FLORIDA v. OLSON, 35 Fla. Supp. 2d 113 (Fla. Cir. Ct. 1989)

. . . including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in § 893.02 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Deliver F.S. 893.02(4)© “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . . Deliver F.S. 893.02(4)© “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . . Deliver F.S. 893.02(4¾5) “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . . Deliver F.S. 893.02(4)© “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . . Deliver F.S. 893.02(5) “Deliver” or “delivery” means the actual, constructive, or attempted transfer . . .

WILLINGHAM, v. STATE, 541 So. 2d 1240 (Fla. Dist. Ct. App. 1989)

. . . According to section 893.02(5), “ ‘deliver’ or ‘delivery’ means the actual, constructive, or attempted . . .

J. ROSS, v. STATE, 528 So. 2d 1237 (Fla. Dist. Ct. App. 1988)

. . . is knowingly in actual or constructive possession of, 28 grams or more of cocaine as described in s. 893.02 . . .

NEWMAN, v. STATE, 522 So. 2d 71 (Fla. Dist. Ct. App. 1988)

. . . . § 893.02(5), Fla.Stat. (1985). . . .

COOPER, v. STATE, 512 So. 2d 1071 (Fla. Dist. Ct. App. 1987)

. . . Court, in reversing the opinion of the district court, reasoned: Cannabis is contraband under section 893.02 . . . upon the grounds of a county detention facility, to wit: a controlled substance as defined in Section 893.02 . . .

WILCOTT, v. STATE, 509 So. 2d 261 (Fla. 1987)

. . . whatever kind or nature including, but not limited to, ... a controlled substance as defined in s. 893.02 . . . Section 893.02(3), Florida Statutes (1983), lists cannabis as a controlled substance. . . . Cannabis is contraband under section 893.02(3), Florida Statutes (1983). . . .

FREDERICK, v. DEPARTMENT OF CORRECTIONS CRIBBS, v. DEPARTMENT OF CORRECTIONS, 26 Fla. Supp. 2d 250 (Fla. Div. Admin. Hearings 1987)

. . . Any controlled substance as defined in s. 893.02(3) or any prescription or nonprescription drug having . . .

SENTRY CORPORATION SNE v. R. HARRIS,, 802 F.2d 229 (7th Cir. 1986)

. . . . § 893.02 (1983). . . . To be sure, Wis.Stat. § 893.02 defines “commence” in terms of a limitation provision, but it too relies . . .

SOBRINO E. v. STATE, 471 So. 2d 1333 (Fla. Dist. Ct. App. 1985)

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

E. CRONIN, v. STATE, 470 So. 2d 802 (Fla. Dist. Ct. App. 1985)

. . . . § 893.02(2), Fla.Stat. (1983). . . .

S. N. a v. STATE, 463 So. 2d 343 (Fla. Dist. Ct. App. 1985)

. . . State, 377 So.2d 1161 (Fla.1979), proof of attempted delivery constitutes delivery under section 893.02 . . . Section 893.02(4), Florida Statutes (1983) provides: "Deliver" or “delivery” means the actual, constructive . . .

WIGGINS, v. STATE, 460 So. 2d 483 (Fla. Dist. Ct. App. 1984)

. . . . § 893.02(4), Florida Statutes. . . .

RUSH, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PODIATRY,, 448 So. 2d 26 (Fla. Dist. Ct. App. 1984)

. . . Section 893.02(14), Florida Statutes (1981). . . .

WEST, v. STATE, 439 So. 2d 907 (Fla. Dist. Ct. App. 1983)

. . . See § 893.02(3), Fla.Stat. (1981). . . .

JORDAN, v. STATE, 419 So. 2d 363 (Fla. Dist. Ct. App. 1982)

. . . Section 893.02(2), Florida Statutes (1979), and now reads; “Cannabis” means all parts of any plant of . . .

G. BOSIER, v. STATE, 419 So. 2d 1042 (Fla. 1982)

. . . See § 893.02(4), Fla.Stat. (1979). . . .

STATE v. OXX,, 417 So. 2d 287 (Fla. Dist. Ct. App. 1982)

. . . be contraband for the purposes of this act, to wit: Any . .. controlled substances as defined in s. 893.02 . . .

ADOUE, v. STATE WEXLER, v. STATE, 408 So. 2d 567 (Fla. 1981)

. . . We hold that section 893.02(2), Florida Statutes (1977), defining “cannabis” as the species cannabis . . .

RETHERFORD, a k a v. STATE, 386 So. 2d 881 (Fla. Dist. Ct. App. 1980)

. . . Section 893.02(2), Florida Statutes, (1977). . . .

BLAIR, v. STATE, 384 So. 2d 685 (Fla. Dist. Ct. App. 1980)

. . . State, id., our supreme court noted that Section 893.02(2), Florida Statutes (1977), defines “cannabis . . . The parts of the cannabis plant listed in the second sentence of Section 893.02(2), which include “the . . .

BRAINARD, v. STATE, 380 So. 2d 1302 (Fla. Dist. Ct. App. 1980)

. . . . § 893.02(2), Fla.Stat. (1979). . . .

PAYNE, Jr. v. STATE, 379 So. 2d 160 (Fla. Dist. Ct. App. 1980)

. . . defendant made no claim or showing below that any of the 7.7 grams was in fact not proscribed under Sec. 893.02 . . .

MILAZZO, v. STATE, 377 So. 2d 1161 (Fla. 1979)

. . . Section 893.02(4), Florida Statutes (1975), defines “deliver” or “delivery” as “the actual, constructive . . .