The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

View Entire Chapter

F.S. 893.105

893.105 Testing and destruction of seized substances.—

(1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample and the analysis thereof shall be admissible into evidence in any civil or criminal action for the purpose of proving the nature, composition, and weight of the substance seized. In addition, the seizing agency may photograph or videotape, for use at trial, the controlled substance or listed chemical seized.

(2) Controlled substances or listed chemicals that are not retained for sample testing as provided in subsection (1) may be destroyed pursuant to a court order issued in accordance with s. 893.12.

History.—s. 1, ch. 82-88; s. 3, ch. 91-279.

F.S. 893.105 on Google Scholar

F.S. 893.105 on Casetext

Amendments to 893.105

Arrestable Offenses / Crimes under Fla. Stat. 893.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RICHARDS, v. STATE, 37 So. 3d 925 (Fla. Dist. Ct. App. 2010)

. . . .] § 893.105(1), Fla. Stat. (2009). . . . Notably, § 893.105(1) provides no authority for untested substances seized with a tested substance to . . . Using § 893.105(1) they sample tested the contents of only one bag weighing not more than 3 grams. . . . For good reason, therefore, § 893.105(1) omits any authority to prove chemical composition by testimony . . . Section 893.105(1) gave police the power to settle the actual chemical composition of all 7 substances . . .

G. E. G. a v. STATE, 417 So. 2d 975 (Fla. 1982)

. . . Section 893.105, Florida Statutes, is created to read: 893.105 Testing and destruction of seized substances . . .