Florida Statutes
Fla. Stat. § 893.135 (2025)
Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
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893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.—
(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.
For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “cannabis plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.
(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,
such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(c)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000.
2. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in hydrocodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 100 grams or more, but less than 300 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 300 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 893.03(2)(a)1.q., or any salt thereof, or 7 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:
(I) Alfentanil, as described in s. 893.03(2)(b)1.;
(II) Carfentanil, as described in s. 893.03(2)(b)6.;
(III) Fentanyl, as described in s. 893.03(2)(b)9.;
(IV) Sufentanil, as described in s. 893.03(2)(b)30.;
(V) A fentanyl derivative, as described in s. 893.03(1)(a)63.;
(VI) A controlled substance analog, as described in s. 893.0356, of any substance described in sub-sub-subparagraphs (I)-(V); or
(VII) A mixture containing any substance described in sub-sub-subparagraphs (I)-(VI),
commits a felony of the first degree, which felony shall be known as “trafficking in dangerous fentanyl or fentanyl analogues,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. If the quantity involved under sub-subparagraph a.:
(I) Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and shall be ordered to pay a fine of $50,000.
(II) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 20 years, and shall be ordered to pay a fine of $100,000.
(III) Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and shall be ordered to pay a fine of $500,000.
c. A person 18 years of age or older who violates sub-subparagraph a. by knowingly selling or delivering to a minor at least 4 grams of a substance or mixture listed in sub-subparagraph a. shall be sentenced to a mandatory minimum term of not less than 25 years and not exceeding life imprisonment, and shall be ordered to pay a fine of $1 million if the substance or mixture listed in sub-subparagraph a. is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further has at least one of the following attributes:
(I) Resembles the trade dress of a branded food product, consumer food product, or logo food product;
(II) Incorporates an actual or fake registered copyright, service mark, or trademark;
(III) Resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or
(IV) Contains a cartoon character imprint.
5. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,
such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
6. A person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(d)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of the first degree, which felony shall be known as “trafficking in phencyclidine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly brings into this state 800 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(e)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as “trafficking in methaqualone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(f)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)5., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)5., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(g)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,
such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(h)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(i)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-butyrolactone (GBL),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(j)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as “trafficking in 1,4-Butanediol,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(k)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of a:
a. Substance described in s. 893.03(1)(c)4., 5., 10., 11., 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 187.-189., a substituted cathinone, as described in s. 893.03(1)(c)191., or substituted phenethylamine, as described in s. 893.03(1)(c)192.;
b. Mixture containing any substance described in sub-subparagraph a.; or
c. Salt, isomer, ester, or ether or salt of an isomer, ester, or ether of a substance described in sub-subparagraph a.,
commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the quantity involved under subparagraph 1.:
a. Is 10 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $250,000.
3. A person who knowingly manufactures or brings into this state 30 kilograms or more of a substance described in sub-subparagraph 1.a., a mixture described in sub-subparagraph 1.b., or a salt, isomer, ester, or ether or a salt of an isomer, ester, or ether described in sub-subparagraph 1.c., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.
(l)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as “trafficking in lysergic acid diethylamide (LSD),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
2. Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(m)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 280 grams or more of a:
a. Substance described in s. 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in s. 893.03(1)(c)190.; or
b. Mixture containing any substance described in sub-subparagraph a.,
commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the quantity involved under subparagraph 1.:
a. Is 280 grams or more, but less than 500 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 500 grams or more, but less than 1,000 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 1,000 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $200,000.
d. Is 30 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and the defendant shall be ordered to pay a fine of $750,000.
(n)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of:
a. A substance described in s. 893.03(1)(c)164., 174., or 175., a n-benzyl phenethylamine compound, as described in s. 893.03(1)(c)193.; or
b. A mixture containing any substance described in sub-subparagraph a.,
commits a felony of the first degree, which felony shall be known as “trafficking in n-benzyl phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the quantity involved under subparagraph 1.:
a. Is 14 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 100 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $500,000.
3. A person who knowingly manufactures or brings into this state 400 grams or more of a substance described in sub-subparagraph 1.a. or a mixture described in sub-subparagraph 1.b., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of a n-benzyl phenethylamine compound, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.
(2) A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.
(3) Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment.
(4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
(5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).
(6) A mixture, as defined in s. 893.02, containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a gelatin capsule, pill, or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.
(7) For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.
History.—s. 1, ch. 79-1; s. 1, ch. 80-70; s. 2, ch. 80-353; s. 491, ch. 81-259; s. 1, ch. 82-2; s. 3, ch. 82-16; s. 53, ch. 83-215; s. 5, ch. 87-243; ss. 1, 4, ch. 89-281; s. 1, ch. 90-112; s. 3, ch. 93-92; s. 24, ch. 93-406; s. 15, ch. 95-184; s. 5, ch. 95-415; s. 54, ch. 96-388; s. 3, ch. 97-1; s. 1828, ch. 97-102; s. 23, ch. 97-194; s. 9, ch. 99-188; s. 4, ch. 2000-320; s. 2, ch. 2001-55; s. 7, ch. 2001-57; ss. 1, 2, 3, ch. 2002-212; s. 4, ch. 2003-10; s. 3, ch. 2005-128; s. 7, ch. 2008-184; s. 5, ch. 2011-73; s. 3, ch. 2011-90; s. 4, ch. 2013-29; s. 3, ch. 2014-159; s. 1, ch. 2014-176; s. 14, ch. 2015-34; s. 6, ch. 2016-13; s. 6, ch. 2016-105; s. 6, ch. 2017-1; s. 6, ch. 2017-107; s. 18, ch. 2018-13; s. 45, ch. 2019-167; s. 3, ch. 2022-129; s. 2, ch. 2023-26; s. 4, ch. 2024-20.
Arrestable Offenses under F.S. 893.135
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)AMPHETAMINE-TRAFFICREMOVED
§893.135(5)DRUGS-PRODUCECONSPIRACY TO MFG CTRL SUB IN 893.135(1)
§893.135(5)DRUGS-IMPORTATIONCONSPIRACY TO IMPORT CTRL SUB IN 893.135(1)
§893.135(5)DRUGS-TRAFFICCONSPIRACY TO TRAFFIC CTRL SUB IN 893.135(1)
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)MARIJUANA-TRAFFICREMOVED
§893.135(5)HEROIN-TRAFFICREMOVED
§893.135(5)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(5)COCAINE-TRAFFICREMOVED
§893.135(5)SYNTH NARCOTIC-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(5)DRUGS-TRAFFICREMOVED
§893.135(7)COCAINE-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)MARIJUANA-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)SYNTH NARCOTIC-TRAFFICREMOVED
§893.135(7)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)HEROIN-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)AMPHETAMINE-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(7)DRUGS-TRAFFICREMOVED
§893.135(1e1)DRUGS-TRAFFICTRAFFICKING IN METHAQUALONE 200 GRAMS OR MORE
§893.135(1e2)AMPHETAMINE-MFGDELETED
§893.135(1e2)DRUGS-IMPORTATIONIMPORT METHAQUALONE 50KG+ LETHAL RESULT
§893.135(1a)MARIJUANA-TRAFFICRENUMBERED. SEE REC # 4017
§893.135(1a)MARIJUANA-TRAFFICCANNABIS EXCESS OF 25 LBS OR 300+ PLANTS
§893.135(1a1)MARIJUANA-TRAFFICREMOVED
§893.135(1a2)MARIJUANA-TRAFFICREMOVED
§893.135(1a2)MARIJUANAREMOVED
§893.135(1a3)MARIJUANA-TRAFFICSENTENCING PROVISION ONLY
§893.135(1b1)COCAINE-TRAFFICTRAFFICKING IN COCAINE 28 GRAMS TO 150 KG
§893.135(1b1b)COCAINE-TRAFFICSENTENCING PROVISION ONLY
§893.135(1b1c)COCAINE-TRAFFICSENTENCING PROVISION ONLY
§893.135(1b2)COCAINE-TRAFFICTRAFFICKING IN COCAINE 150 KG OR MORE
§893.135(1b2a)COCAINE-TRAFFICTRAFFIC 150KG+ COCAINE INTENTIONALLY KILL
§893.135(1b2b)COCAINE-TRAFFICTRAFFIC 150KG+ COCAINE LETHAL RESULT
§893.135(1b3)DRUGS-IMPORTATIONIMPORT COCAINE 300KG+ WITH LETHAL RESULT
§893.135(1c1)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(1c1)DRUGS-TRAFFICTRAFFIC OPIUM/HEROIN/ILLEGAL DRUGS 4G TO 30KG
§893.135(1c1)HEROIN-TRAFFICREMOVED
§893.135(1c1a)HEROIN-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c1a)OPIUM OR DERIV-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c1b)OPIUM OR DERIV-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c1b)HEROIN-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c1c)OPIUM OR DERIV-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c1c)HEROIN-TRAFFICSENTENCING PROVISION ONLY
§893.135(1c2)DRUGS-TRAFFICRENUMBERED. SEE REC # 8850
§893.135(1c2)HEROIN-TRAFFICREMOVED
§893.135(1c2)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(1c2)DRUGS-TRAFFICTRAFFICKING IN HYDROCODONE 28 GRAMS OR MORE
§893.135(1c2)DRUGS-TRAFFICREMOVED
§893.135(1c2a)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(1c2a)DRUGS-TRAFFICREMOVED
§893.135(1c2a)DRUGS-TRAFFICREMOVED
§893.135(1c2a)HEROIN-TRAFFICREMOVED
§893.135(1c2b)HEROIN-TRAFFICREMOVED
§893.135(1c2b)DRUGS-TRAFFICREMOVED
§893.135(1c2b)DRUGS-TRAFFICREMOVED
§893.135(1c2b)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(1c2c)DRUGS-TRAFFICREMOVED
§893.135(1c2d)DRUGS-TRAFFICREMOVED
§893.135(1c3)DRUGS-TRAFFICTRAFFICKING IN OXYCODONE 7 GRAMS OR MORE
§893.135(1c3)OPIUM OR DERIV-TRAFFICREMOVED
§893.135(1c3)HEROIN-SMUGGLREMOVED
§893.135(1c3)DRUGS-IMPORTATIONREMOVED
§893.135(1c3a)DRUGS-TRAFFICREMOVED
§893.135(1c3b)DRUGS-TRAFFICREMOVED
§893.135(1c3c)DRUGS-TRAFFICREMOVED
§893.135(1c3d)DRUGS-TRAFFICREMOVED
§893.135(1c4)DRUGS-TRAFFICRENUMBERED. SEE REC # 8333
§893.135(1c4a)DRUGS-TRAFFICTRAFFIC FENTANYL/FENTANYL ANALOGUES 4 GRAMS+
§893.135(1c5)DRUGS-TRAFFICRENUMBERED. SEE REC # 8335
§893.135(1c5)DRUGS-TRAFFICTRAFFICKING OPIUM/HEROIN/ILLEGAL DRUGS 30KG+
§893.135(1c5a)DRUGS-TRAFFICOPIUM/HEROIN/ILLEGAL DRUG 30KG+ INTENTION KILL
§893.135(1c5b)DRUGS-TRAFFICOPIUM/HEROIN/ILLEGAL DRUG 30KG+ LETHAL RESULT
§893.135(1c6)DRUGS-IMPORTATIONOPIUM/HEROIN/ILLEGAL DRUG 60 KG+ CAUSE DEATH
§893.135(1d1)SYNTH NARCOTIC-TRAFFICTRAFFIC PHENCYCLIDINE (PCP) 28 GRAMS+
§893.135(1d1b)SYNTH NARCOTIC-TRAFFICSENTENCING PROVISION ONLY
§893.135(1d1c)SYNTH NARCOTIC-TRAFFICSENTENCING PROVISION ONLY
§893.135(1d2)DRUGS-IMPORTATIONPHENCYCLIDINE (PCP) 800 GRAMS+ LETHAL RESULT
§893.135(1e1a)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1e1b)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1e1c)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1f1)AMPHETAMINE-TRAFFICTRAFFIC IN METH/AMPHETAMINE 14 GRAMS+
§893.135(1f1a)AMPHETAMINE-TRAFFICSENTENCING PROVISION ONLY
§893.135(1f1b)AMPHETAMINE-TRAFFICSENTENCING PROVISION ONLY
§893.135(1f1c)AMPHETAMINE-TRAFFICSENTENCING PROVISION ONLY
§893.135(1f2)AMPHETAMINE-MFGCAPITAL MANUFACTURE METH/AMPHETAMINE 400G+
§893.135(1f2)DRUGS-IMPORTATIONIMPORT METH/AMPHETAMINE 400G+ LETHAL RESULT
§893.135(1g1)DRUGS-TRAFFICTRAFFICKING IN FLUNITRAZEPAM 4 GRAMS TO 30 KG
§893.135(1g1a)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1g1b)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1g1c)DRUGS-TRAFFICSENTENCING PROVISION ONLY
§893.135(1g2)DRUGS-TRAFFICTRAFFICKING IN FLUNITRAZEPAM 30 KG OR MORE
§893.135(1g2a)DRUGS-TRAFFICTRAFFIC FLUNITRAZEPAM 30KG+ INTENTIONAL KILL
§893.135(1g2b)DRUGS-TRAFFICTRAFFIC FLUNITRAZEPAM 30KG+ LETHAL RESULT
§893.135(1h1)DRUGS-TRAFFICTRAFFIC GAMMA-HYDROXYBUTYRIC ACID (GHB) 1KG+
§893.135(1h2)DRUGS-PRODUCEMFG (GHB) 150KG OR MORE LETHAL RESULT
§893.135(1h2)DRUGS-IMPORTATIONIMPORT (GHB) 150KG OR MORE WITH LETHAL RESULT
§893.135(1i1)DRUGS-TRAFFICTRAFFICKING IN GAMMABUTYROLACTONE (GBL) 1KG+
§893.135(1i2)DRUGS-IMPORTATIONIMPORT (GBL) 150KG+ LETHAL RESULT
§893.135(1i2)DRUGS-PRODUCEMFG OF (GBL) 150KG+ LETHAL RESULT
§893.135(1j1)DRUGS-TRAFFICTRAFFICKING IN 1,4-BUTANEDIOL 1 KG OR MORE
§893.135(1j2)DRUGS-IMPORTATIONIMPORT 1,4-BUTANEDIOL 150KG+ LETHAL RESULT
§893.135(1j2)DRUGS-PRODUCEMFG 1,4-BUTANEDIOL 150KG+ WITH LETHAL RESULT
§893.135(1k1)DRUGS-TRAFFICTRAFFIC IN PHENETHYLAMINES 10 GRAMS OR MORE
§893.135(1k3)DRUGS-PRODUCEMFG PHENETHYLAMINES 30KG+ LETHAL RESULT
§893.135(1k3)DRUGS-IMPORTATIONIMPORT PHENETHYLAMINES 30KG+ LETHAL RESULT
§893.135(1l1)DRUGS-TRAFFICTRAFFIC LYSERGIC ACID DIETHYLAMIDE (LSD) 1G+
§893.135(1l2)DRUGS-PRODUCECAPITAL MFG OF (LSD) 7 GRAMS+ LETHAL RESULT
§893.135(1l2)DRUGS-IMPORTATIONCAPITAL IMPORT OF (LSD) 7 GRAMS+ LETHAL RESULT
§893.135(1m1)DRUGS-PRODUCEREMOVED
§893.135(1m1)DRUGS-TRAFFICREMOVED
§893.135(1m1)CONTROLLED SUBSTANCEREMOVED
§893.135(1m1)DRUGS-POSSESSREMOVED
§893.135(1m1)DRUGS-DELIV/DISTRREMOVED
§893.135(1m1)DRUGS-TRAFFICREMOVED
§893.135(1m1)DRUGS-TRAFFICTRAFFIC SYNTHETIC CANNABINOIDS 280 GRAMS+
§893.135(1m1)DRUGS-SELLREMOVED
§893.135(1n1)DRUGS-TRAFFICTRAFFIC N-BENZYL PHENETHYLAMINES 14 GRAMS+
§893.135(1n3)DRUGS-PRODUCEPROD N-BENZYL PHENETHYLAMINE 400G+ W/ DEATH
§893.135(1n3)DRUGS-IMPORTATIONIMPORT N-BENZYL PHENETHYLAMINE 400G+ W/ DEATH
Notes of Decisions
Cited in 939
cases (51 in the last 5 years), 1980–2026 · leading case: In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016).
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
Jose Emilio Ulloa Francisco v. U.S. Attorney Gen., 884 F.3d 1120 (11th Cir. 2018). “Fla. Stat. § 893.135 (1)(b) 1.c. The alien admitted that these alternative conduct elements created separate crimes, some of which fell under the definition of an aggravated felony and some which did not.”
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). “Section 9 of that chapter had amended section 893.135 to add the minimum mandatory prison term imposed on Green.”
Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). “08, Florida Statutes (1997); section 9, which affected Taylor's sentence, amends section 893.135, Florida Statutes (1997), to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; section 10 conforms numerous statutes to the amendment made in…”
State v. Benitez, 395 So. 2d 514 (Fla. 1981). “This case comes to us on direct appeal from a trial court order determining that section 893.135, Florida Statutes (1979) Florida's newly-enacted "drug trafficking" statute is unconstitutional.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “While admitting that the penalties imposed in section 893.135 are severe, the Benitez court concluded that they are not cruel or unusual [5] in light of "their potential deterrent value and the seriousness of the crime involved.”
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an *87 enumerated controlled substance in F.S. 893.135 (i)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cocaine or a mixture…”
— 893.135(1) — 61 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
— 893.135(1)(B) — 1 case
Madera, Ibzan v. State of Florida (S.D. Fla. 2025).
— 893.135(1)(F) — 1 case
Madera, Ibzan v. State of Florida (S.D. Fla. 2025).
— 893.135(1)(a) — 50 cases
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Sobrino v. State, 471 So. 2d 1333 (Fla. 3d DCA 1985).
Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA 1984).
Pama v. State, 552 So. 2d 309 (Fla. 2d DCA 1989).
Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003).
— 893.135(1)(a)(1) — 9 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004).
Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). “Section 9 of that chapter had amended section 893.135 to add the minimum mandatory prison term imposed on Green.”
Donahue v. State, 464 So. 2d 609 (Fla. 4th DCA 1985).
Perez v. State, 524 So. 2d 720 (Fla. 3d DCA 1988).
Matheson v. State, 468 So. 2d 1011 (Fla. 4th DCA 1985).
— 893.135(1)(a)(2) — 1 case
Bragg v. State, 487 So. 2d 424 (Fla. 5th DCA 1986).
— 893.135(1)(a)(l) — 1 case
State v. Chen, 1 So. 3d 1257 (Fla. 2d DCA 2009).
— 893.135(1)(b) — 174 cases
Ross v. State, 528 So. 2d 1237 (Fla. 3d DCA 1988).
State v. Daophin, 533 So. 2d 761 (Fla. 1988).
Gibbs v. State, 698 So. 2d 1206 (Fla. 1997).
State v. Mena, 471 So. 2d 1297 (Fla. 3d DCA 1985).
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
— 893.135(1)(b)(1) — 21 cases
State v. Beasley, 580 So. 2d 139 (Fla. 1991).
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
State v. Estevez, 753 So. 2d 1 (Fla. 1999).
Raffone v. State, 483 So. 2d 761 (Fla. 4th DCA 1986).
Johnson v. State, 712 So. 2d 380 (Fla. 1998).
— 893.135(1)(b)(1)(a) — 19 cases
Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). “Section 9 of that chapter had amended section 893.135 to add the minimum mandatory prison term imposed on Green.”
Pilieci v. State, 991 So. 2d 883 (Fla. 2d DCA 2008).
Culver v. State, 990 So. 2d 1206 (Fla. 2d DCA 2008).
McCabe v. State, 844 So. 2d 703 (Fla. 2d DCA 2003).
Harper v. State, 889 So. 2d 899 (Fla. 2d DCA 2004).
— 893.135(1)(b)(1)(b) — 4 cases
Padilla v. State, 870 So. 2d 6 (Fla. 2d DCA 2003).
Stubbs v. State, 661 So. 2d 1268 (Fla. 5th DCA 1995).
Ivory v. State, 704 So. 2d 599 (Fla. 1st DCA 1997).
Gayle v. State, 679 So. 2d 1293 (Fla. 4th DCA 1996).
— 893.135(1)(b)(1)(c) — 8 cases
Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007).
Chaparro v. State, 873 So. 2d 631 (Fla. 2d DCA 2004).
Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010).
State v. Marrero, 890 So. 2d 1278 (Fla. 2d DCA 2005).
Velazquez v. State, 973 So. 2d 1206 (Fla. 2d DCA 2008).
— 893.135(1)(b)(2) — 8 cases
Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989).
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
Allen v. State, 479 So. 2d 257 (Fla. 2d DCA 1985).
Gartrell v. State, 609 So. 2d 112 (Fla. 4th DCA 1992).
McFord v. State, 877 So. 2d 874 (Fla. 3d DCA 2004).
— 893.135(1)(b)(3) — 17 cases
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
Rosa v. State, 508 So. 2d 546 (Fla. 3d DCA 1987).
Pursell v. State, 483 So. 2d 94 (Fla. 2d DCA 1986).
Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983).
Munroe v. State, 514 So. 2d 397 (Fla. 1st DCA 1987).
— 893.135(1)(b)(5) — 1 case
Hayes v. State, 748 So. 2d 1042 (Fla. 3d DCA 1999).
— 893.135(1)(c) — 50 cases
State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998).
State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997).
State v. Klayman, 835 So. 2d 248 (Fla. 2002).
State v. Travis, 808 So. 2d 194 (Fla. 2002).
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
— 893.135(1)(c)(1) — 9 cases
Johnson v. State, 904 So. 2d 400 (Fla. 2005).
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “While admitting that the penalties imposed in section 893.135 are severe, the Benitez court concluded that they are not cruel or unusual [5] in light of "their potential deterrent value and the seriousness of the crime involved.”
Hughes v. State, 901 So. 2d 837 (Fla. 2005).
Bunkley v. State, 882 So. 2d 890 (Fla. 2004).
Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991).
— 893.135(1)(c)(1)(a) — 8 cases
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Baker v. State, 941 So. 2d 419 (Fla. 2d DCA 2006).
Barber v. State, 849 So. 2d 361 (Fla. 2d DCA 2003).
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “While admitting that the penalties imposed in section 893.135 are severe, the Benitez court concluded that they are not cruel or unusual [5] in light of "their potential deterrent value and the seriousness of the crime involved.”
State v. Demille, 890 So. 2d 454 (Fla. 2d DCA 2004).
— 893.135(1)(c)(1)(b) — 4 cases
Nedd v. State, 855 So. 2d 664 (Fla. 2d DCA 2003).
Miller v. State, 848 So. 2d 401 (Fla. 2d DCA 2003).
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Towery v. State, 977 So. 2d 774 (Fla. 2d DCA 2008).
— 893.135(1)(c)(1)(c) — 8 cases
Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006). “While admitting that the penalties imposed in section 893.135 are severe, the Benitez court concluded that they are not cruel or unusual [5] in light of "their potential deterrent value and the seriousness of the crime involved.”
State v. Barnum, 921 So. 2d 513 (Fla. 2006).
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Gordon v. State, 139 So. 3d 958 (Fla. 2d DCA 2014).
Balmori v. State, 985 So. 2d 646 (Fla. 2d DCA 2008).
— 893.135(1)(c)(2) — 1 case
Gordon v. State, 139 So. 3d 958 (Fla. 2d DCA 2014).
— 893.135(1)(d) — 7 cases
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
State v. Dominguez, 509 So. 2d 917 (Fla. 1987).
Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an *87 enumerated controlled substance in F.S. 893.135 (i)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cocaine or a mixture…”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
— 893.135(1)(d)(3) — 1 case
Sastre v. State, 487 So. 2d 1137 (Fla. 3d DCA 1986).
— 893.135(1)(e) — 8 cases
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
State v. Dominguez, 509 So. 2d 917 (Fla. 1987).
Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an *87 enumerated controlled substance in F.S. 893.135 (i)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cocaine or a mixture…”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
Asmer v. State, 416 So. 2d 485 (Fla. 4th DCA 1982).
— 893.135(1)(e)(1)(b) — 1 case
Adams v. State, 869 So. 2d 579 (Fla. 2d DCA 2003).
— 893.135(1)(f) — 12 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
Cogbill v. State, 940 So. 2d 537 (Fla. 1st DCA 2006).
Hill v. State, 624 So. 2d 826 (Fla. 2d DCA 1993).
Jeffrey R. Nolley v. State of Florida, 237 So. 3d 469 (Fla. 1st DCA 2018).
In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).
— 893.135(1)(f)(1)(a) — 1 case
Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). “08, Florida Statutes (1997); section 9, which affected Taylor's sentence, amends section 893.135, Florida Statutes (1997), to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; section 10 conforms numerous statutes to the amendment made in…”
— 893.135(1)(f)(1)(b) — 1 case
Grantham v. State, 735 So. 2d 525 (Fla. 2d DCA 1999).
— 893.135(1)(g) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).
— 893.135(1)(h) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).
— 893.135(1)(j) — 3 cases
Urruchurtu v. State, 858 So. 2d 387 (Fla. 3d DCA 2003).
Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004).
Ortiz v. State, 844 So. 2d 824 (Fla. 5th DCA 2003).
— 893.135(1)(j)(2)(a) — 1 case
Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004).
— 893.135(1)(k) — 7 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
Zatyka v. State, 872 So. 2d 285 (Fla. 2d DCA 2004).
In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).
Philius v. State, 936 So. 2d 730 (Fla. 1st DCA 2006).
Troy Randle Stalter v. State of Florida (Fla. 5th DCA 2023).
— 893.135(1)(k)(1) — 1 case
Mitchell v. Sec'y, Dep't of Corr. (Hillsborough Cnty.) (M.D. Fla. 2023).
— 893.135(1)(k)(1)(a) — 1 case
Pilieci v. State, 991 So. 2d 883 (Fla. 2d DCA 2008).
— 893.135(1)(k)(2) — 1 case
State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004).
— 893.135(1)(k)(2)(a) — 1 case
The State of Florida v. Tyquane Williams (Fla. 3d DCA 2023).
— 893.135(1)(l) — 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019).
In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).
Troy Randle Stalter v. State of Florida (Fla. 5th DCA 2023).
— 893.135(1)(m) — 1 case
The State of Florida v. Daniel Arshadnia (Fla. 3d DCA 2023).
— 893.135(1X0) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
— 893.135(1X1) — 1 case
Kevin Osorio v. State of Florida, 186 So. 3d 601 (Fla. 4th DCA 2016).
— 893.135(2) — 13 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
— 893.135(3) — 63 cases
State v. Hunter, 586 So. 2d 319 (Fla. 1991).
Kemar Rochester v. State of Florida, 140 So. 3d 973 (Fla. 2014).
Hunter v. State, 531 So. 2d 239 (Fla. 4th DCA 1988).
Mastay v. McDonough, 928 So. 2d 512 (Fla. 1st DCA 2006).
Munoz v. State, 629 So. 2d 90 (Fla. 1993).
— 893.135(4) — 45 cases
State v. Weller, 590 So. 2d 923 (Fla. 1991). “§ 893.135(1)(b), Fla. Stat. (1983). [2] A permissive lesser included offense differs in that it cannot be determined to fall within Category 2 unless both the statutory elements and the facts alleged in the accusatory pleadings are consulted.”
Munroe v. State, 514 So. 2d 397 (Fla. 1st DCA 1987).
People v. Fields, 528 N.W.2d 176 (Mich. 1995).
State v. Niemcow, 505 So. 2d 670 (Fla. 5th DCA 1987).
State v. Hunter, 586 So. 2d 319 (Fla. 1991).
— 893.135(5) — 36 cases
Hampton v. State, 135 So. 3d 440 (Fla. 5th DCA 2014).
Ras v. State, 610 So. 2d 24 (Fla. 2d DCA 1992).
Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991).
Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005).
McClain v. State, 709 So. 2d 136 (Fla. 1st DCA 1998).
— 893.135(6) — 4 cases
O'HARA v. State, 964 So. 2d 839 (Fla. 2d DCA 2007). “13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135. Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products.”
Terry v. State, 892 So. 2d 1132 (Fla. 1st DCA 2004).
Van Ens v. State, 48 So. 3d 997 (Fla. 5th DCA 2010).
Ryan Wilder v. State of Florida, 194 So. 3d 1050 (Fla. 1st DCA 2016).
— 893.135(7) — 2 cases
Gordon v. State, 139 So. 3d 958 (Fla. 2d DCA 2014).
Tobin (N.D. Fla. 2026).
— 893.135(a)(b)(1) — 1 case
Mancini v. State, 448 So. 2d 573 (Fla. 1st DCA 1984).
— 893.135(b) — 2 cases
Pallin v. State, 965 So. 2d 1226 (Fla. 1st DCA 2007).
State v. Herrera-Fernandez, 271 So. 3d 1124 (Fla. 3d DCA 2019).
— 893.135(b)(1) — 1 case
Johnson v. State, 44 So. 3d 198 (Fla. 4th DCA 2010).
— 893.135(c) — 1 case
Day v. State, 119 So. 3d 485 (Fla. 1st DCA 2013).
— 893.135(f) — 1 case
Cogbill v. State, 940 So. 2d 537 (Fla. 1st DCA 2006).
— 893.135(i)(e) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
— 893.135(l) — 4 cases
State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013).
In re Amendments to the Florida Rules of Crim. Procedure-Rules 3.140 & 3.986, 603 So. 2d 1144 (Fla. 1992).
Haynes v. State, 765 So. 2d 928 (Fla. 2d DCA 2000).
State v. Schultz, 120 So. 3d 222 (Fla. 4th DCA 2013).
— 893.135(l)(a) — 24 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Giralt v. State, 935 So. 2d 599 (Fla. 3d DCA 2006).
Taylor v. State, 13 So. 3d 77 (Fla. 1st DCA 2009).
— 893.135(l)(a)(2) — 1 case
Comparato v. State, 419 So. 2d 1131 (Fla. 1st DCA 1982).
— 893.135(l)(a)(3) — 1 case
Costa v. State, 404 So. 2d 128 (Fla. 4th DCA 1981).
— 893.135(l)(a)(l) — 4 cases
Gizaw v. State, 71 So. 3d 214 (Fla. 2d DCA 2011).
Samples v. State, 516 So. 2d 50 (Fla. 2d DCA 1987).
Dautel v. State, 647 So. 2d 236 (Fla. 1st DCA 1994).
Holt v. State, 216 So. 3d 764 (Fla. 2d DCA 2017).
— 893.135(l)(b) — 87 cases
Greenwade v. State, 124 So. 3d 215 (Fla. 2013).
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010).
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
— 893.135(l)(b)(1)(a) — 1 case
Corpstein v. State, 872 So. 2d 307 (Fla. 2d DCA 2004).
— 893.135(l)(b)(2) — 6 cases
Sanchez v. State, 636 So. 2d 187 (Fla. 3d DCA 1994).
Allen v. State, 510 So. 2d 654 (Fla. 2d DCA 1987).
Stroud v. State, 576 So. 2d 880 (Fla. 5th DCA 1991).
Gottlieb v. State, 462 So. 2d 101 (Fla. 4th DCA 1985).
Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989).
— 893.135(l)(b)(3) — 5 cases
State v. Munro, 462 So. 2d 484 (Fla. 5th DCA 1984).
State v. Agerton, 523 So. 2d 1241 (Fla. 5th DCA 1988).
State v. Duarte, 681 So. 2d 1187 (Fla. 2d DCA 1996).
Alvarez v. State, 525 So. 2d 946 (Fla. 4th DCA 1988).
Velez v. State, 528 So. 2d 933 (Fla. 5th DCA 1988).
— 893.135(l)(b)(l) — 6 cases
Barrientos v. State, 1 So. 3d 1209 (Fla. 2d DCA 2009).
Elliott v. State, 590 So. 2d 538 (Fla. 2d DCA 1991).
Ent v. State, 558 So. 2d 101 (Fla. 2d DCA 1990).
Stroud v. State, 576 So. 2d 880 (Fla. 5th DCA 1991).
Williams v. State, 407 So. 2d 640 (Fla. 4th DCA 1981).
— 893.135(l)(b)(l)(C) — 1 case
Monestime v. State, 41 So. 3d 1110 (Fla. 3d DCA 2010).
— 893.135(l)(b)(l)(a) — 13 cases
Green v. State, 18 So. 3d 656 (Fla. 2d DCA 2009).
Fortner v. State, 23 So. 3d 1275 (Fla. 2d DCA 2010).
Sheffield v. State, 875 So. 2d 733 (Fla. 2d DCA 2004).
Corpstein v. State, 872 So. 2d 307 (Fla. 2d DCA 2004).
Haynes v. State, 765 So. 2d 928 (Fla. 2d DCA 2000).
— 893.135(l)(b)(l)(b) — 4 cases
Karo v. State, 849 So. 2d 351 (Fla. 2d DCA 2003).
Haynes v. State, 765 So. 2d 928 (Fla. 2d DCA 2000).
Molano v. State, 930 So. 2d 697 (Fla. 3d DCA 2006).
Chaviano v. State, 618 So. 2d 266 (Fla. 2d DCA 1993).
— 893.135(l)(b)(l)(c) — 8 cases
Barrientos v. State, 1 So. 3d 1209 (Fla. 2d DCA 2009).
Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010).
Wiles v. State, 162 So. 3d 342 (Fla. 2d DCA 2015).
Karo v. State, 849 So. 2d 351 (Fla. 2d DCA 2003).
Barrientos v. State, 2 So. 3d 1069 (Fla. 2d DCA 2009).
— 893.135(l)(c) — 44 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013).
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010).
— 893.135(l)(c)(3) — 1 case
Jedonna Young v. Tekla Miller, 883 F.2d 1276 (6th Cir. 1989).
— 893.135(l)(c)(l) — 3 cases
Aubuchon v. State, 110 So. 3d 55 (Fla. 2d DCA 2013).
Chambers v. State, 602 So. 2d 699 (Fla. 4th DCA 1992).
State v. Collins, 639 So. 2d 633 (Fla. 2d DCA 1994).
— 893.135(l)(c)(l)(a) — 1 case
Ferrentino v. State, 974 So. 2d 514 (Fla. 2d DCA 2008).
— 893.135(l)(c)(l)(b) — 1 case
Rieger v. State, 884 So. 2d 217 (Fla. 2d DCA 2004).
— 893.135(l)(c)(l)(c) — 3 cases
Gautreaux v. State, 95 So. 3d 1012 (Fla. 2d DCA 2012).
Smith v. State, 965 So. 2d 176 (Fla. 2d DCA 2007).
Hay v. State, 79 So. 3d 852 (Fla. 2d DCA 2012).
— 893.135(l)(d) — 3 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
— 893.135(l)(d)(3) — 1 case
Urbay v. State, 546 So. 2d 85 (Fla. 3d DCA 1989).
— 893.135(l)(e) — 11 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In re Stand. Jury Instructions in Crim. Cases-Instructions 25.9-25.13, 112 So. 3d 1211 (Fla. 2013). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.)T. 2. The defendant actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.”
Smith v. State, 95 So. 3d 966 (Fla. 1st DCA 2012).
Ezer v. State, 10 So. 3d 1175 (Fla. 4th DCA 2009).
— 893.135(l)(e)(l)(c) — 2 cases
Rios v. State, 19 So. 3d 1004 (Fla. 2d DCA 2009).
Hay v. State, 79 So. 3d 852 (Fla. 2d DCA 2012).
— 893.135(l)(f) — 12 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
State v. Odom, 56 So. 3d 46 (Fla. 5th DCA 2011).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
Bodie v. State, 143 So. 3d 420 (Fla. 1st DCA 2013).
Chapman v. State, 14 So. 3d 273 (Fla. 5th DCA 2009).
— 893.135(l)(f)(l)(a) — 3 cases
Williams v. State, 870 So. 2d 213 (Fla. 2d DCA 2004).
Tovar v. State, 872 So. 2d 424 (Fla. 2d DCA 2004).
Inman v. State, 842 So. 2d 862 (Fla. 2d DCA 2003).
— 893.135(l)(f)(l)(b) — 2 cases
State v. Kena R. Mease, 200 So. 3d 161 (Fla. 5th DCA 2016).
Williams v. State, 870 So. 2d 213 (Fla. 2d DCA 2004).
— 893.135(l)(g) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
— 893.135(l)(h) — 3 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
Kevin Osorio v. State of Florida, 186 So. 3d 601 (Fla. 4th DCA 2016).
— 893.135(l)(j) — 1 case
Cordova v. State, 876 So. 2d 1 (Fla. 3d DCA 2004).
— 893.135(l)(k) — 3 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
Bodie v. State, 143 So. 3d 420 (Fla. 1st DCA 2013).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
— 893.135(l)(k)(2)(a) — 1 case
Colon v. State, 907 So. 2d 1267 (Fla. 5th DCA 2005).
— 893.135(l)(l) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “13(e) TRAFFICKING IN LSD § 893.135(1X0,. Fla. Stat. Certain drugs and chemical substances are by law known as “controlled substances.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).
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