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Florida Statute 893.135 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.135
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)62.;
(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.

F.S. 893.135 on Google Scholar

F.S. 893.135 on Casetext

Amendments to 893.135


Arrestable Offenses / Crimes under Fla. Stat. 893.135
Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.135 1a - MARIJUANA-TRAFFIC - RENUMBERED. SEE REC # 4017 - F: F
S893.135 1a - MARIJUANA-TRAFFIC - EXCESS OF 25 LBS OR 300 PLANTS OR MORE - F: F
S893.135 1a1 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1a2 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1a2 - MARIJUANA - SENTENCING PROVISION ONLY - F: F
S893.135 1a3 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b1 - COCAINE-TRAFFIC - 28 GRAMS LESS THAN 150 KG COCAINE OR MIXTURE - F: F
S893.135 1b1b - COCAINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b1c - COCAINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b2 - COCAINE-TRAFFIC - 150 KG OR MORE - F: F
S893.135 1b2a - COCAINE-TRAFFIC - 150 KG OR MORE AND KILL - F: C
S893.135 1b2b - COCAINE-TRAFFIC - 150 KG OR MORE WITH LETHAL RESULT - F: C
S893.135 1b3 - COCAINE-SMUGGL - IMPORT 300 KG OR MORE KNOW DEATH MAY RESULT - F: C
S893.135 1c1 - HEROIN-TRAFFIC - 4 GRAMS TO UNDER 30 KILOGRAMS - F: F
S893.135 1c1 - OPIUM OR DERIV-TRAFFIC - 4 GRAMS TO UNDER 30 KILOGRAMS - F: F
S893.135 1c1 - DRUGS-TRAFFIC - 4 GRAMS LESS 30 KG OTHER CNTRL SUBST - F: F
S893.135 1c1a - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1a - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1b - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1b - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1c - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1c - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c2 - HEROIN-TRAFFIC - REMOVED - F: F
S893.135 1c2 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: F
S893.135 1c2 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8850 - F: F
S893.135 1c2 - DRUGS-TRAFFIC - TRAFFICKING IN HYDROCODONE 28 GRAMS OR MORE - F: F
S893.135 1c2a - HEROIN-TRAFFIC - REMOVED - F: C
S893.135 1c2a - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c2a - DRUGS-TRAFFIC - REMOVED - F: C
S893.135 1c2a - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2b - HEROIN-TRAFFIC - REMOVED - F: C
S893.135 1c2b - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c2b - DRUGS-TRAFFIC - REMOVED - F: C
S893.135 1c2b - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2c - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2d - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3 - HEROIN-SMUGGL - REMOVED - F: C
S893.135 1c3 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c3 - DRUGS-SMUGGLE - REMOVED - F: C
S893.135 1c3 - DRUGS-TRAFFIC - TRAFFICKING IN OXYCODONE 7 GRAMS OR MORE - F: F
S893.135 1c3a - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3b - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3c - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3d - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c4 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8333 - F: F
S893.135 1c4a - DRUGS-TRAFFIC - DANGEROUS FENTANYL/FENTANYL ANALOGUES 4 GRAMS+ - F: F
S893.135 1c5 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8335 - F: C
S893.135 1c5 - DRUGS-TRAFFIC - TRAFFICKING ILLEGAL DRUGS 30 KILOGRAMS OR MORE - F: F
S893.135 1c5a - DRUGS-TRAFFIC - TRAFFIC ILLEGAL DRUGS 30KG OR MORE RESLT DEATH - F: C
S893.135 1c5b - DRUGS-TRAFFIC - TRAFFIC ILLEGAL DRUG 30KG OR MORE LETHAL RESLT - F: C
S893.135 1c6 - DRUGS-TRAFFIC - CAPITAL IMPORT ILLEG DRUGS 60 KILOGRAM OR MORE - F: C
S893.135 1d1 - SYNTH NARCOTIC-TRAFFIC - IN PHENCYCLIDINE 28 GRAMS OR OVER - F: F
S893.135 1d1b - SYNTH NARCOTIC-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1d1c - SYNTH NARCOTIC-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1d2 - DRUGS-SMUGGLE - CAPITAL IMPORT PHENCYCLIDINE 800 GRAMS OR MORE - F: C
S893.135 1e1 - DRUGS-TRAFFIC - IN METHAQUALONE 200 GRAMS OR OVER - F: F
S893.135 1e1a - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e1b - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e1c - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e2 - DRUGS-SMUGGLE - CAPITAL IMPORTATION METHAQUALONE 50 KG OR MORE - F: C
S893.135 1e2 - AMPHETAMINE-MFG - DELETED - F: S
S893.135 1f1 - AMPHETAMINE-TRAFFIC - OR METHAMPHETAMINE 14 GRAMS OR OVER - F: F
S893.135 1f1a - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f1b - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f1c - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f2 - AMPHETAMINE-SMUGGL - OR METHAMPHETAMINE IMP 400 GR MORE RESLT DEATH - F: C
S893.135 1f2 - AMPHETAMINE-MFG - CAPITAL MFG 400 GRAMS OR MORE RESULT DEATH - F: C
S893.135 1g1 - DRUGS-TRAFFIC - FLUNITRAZEPAM 4 GRAMS OR MORE - F: F
S893.135 1g1a - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g1b - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g1c - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g2 - DRUGS-TRAFFIC - IN FLUNITRAZEPAM 30 KG OR MORE - F: F
S893.135 1g2a - DRUGS-TRAFFIC - CAPITAL 30 KG FLUNITRAZEPAM OR MORE AND KILL - F: C
S893.135 1g2b - DRUGS-TRAFFIC - IN FLUNITRAZEPAM 30 KG MORE W LETHAL RESULT - F: C
S893.135 1h1 - DRUGS-TRAFFIC - GAMMA-HYDROXYBUTYRIC ACID (GHB) 1 KG OR MORE - F: F
S893.135 1h2 - DRUGS-SMUGGLE - GAMMA-HYDROXY (GHB) 150 KG MORE RESLT DEATH - F: C
S893.135 1h2 - DRUGS-PRODUCE - GAMMA-HYDROXY (GHB) 150 KG MORE RESLT DEATH - F: C
S893.135 1i1 - DRUGS-TRAFFIC - 1KG MORE GAMMABUTYROLACTONE (GBL) - F: F
S893.135 1i2 - DRUGS-SMUGGLE - 150KG MORE GAMMABUTYROL (GBL) RESULT DEATH - F: C
S893.135 1i2 - DRUGS-PRODUCE - 150KG MORE GAMMABUTYROL (GBL) RESULT DEATH - F: C
S893.135 1j1 - DRUGS-TRAFFIC - 1,4-BUTANEDIOL 1 KG OR MORE - F: F
S893.135 1j2 - DRUGS-SMUGGLE - 1,4-BUTANEDIOL 150 KG OR MORE RESULT DEATH - F: C
S893.135 1j2 - DRUGS-PRODUCE - 1,4-BUTANEDIOL 150 KG OR MORE RESULT DEATH - F: C
S893.135 1k1 - DRUGS-TRAFFIC - PHENETHYLAMINES 10 GRAMS OR MORE - F: F
S893.135 1k3 - DRUGS-SMUGGLE - PHENETHYLAMINES 30 KILOGRAMS MORE RES DEATH - F: C
S893.135 1k3 - DRUGS-PRODUCE - PHENETHYLAMINES 30 KILOGRAMS MORE RES DEATH - F: C
S893.135 1l1 - DRUGS-TRAFFIC - 1G MORE LYSERGIC ACID DIETHYLAMIDE (LSD) - F: F
S893.135 1l2 - DRUGS-SMUGGLE - 7G MORE LYSERGIC ACID DIETH (LSD) RESULT DEATH - F: C
S893.135 1l2 - DRUGS-PRODUCE - 7G MORE LYSERGIC ACID DIETH (LSD) RESULT DEATH - F: C
S893.135 1m1 - DRUGS-TRAFFIC - TRAFFICK SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-SELL - SALE OF SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DANGEROUS DRUGS - PURCHASE SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-PRODUCE - MFG SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-DELIV/DISTR - DELIVER SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-TRAFFIC - BRING IN STATE SYNTH CANNABINOID 280GR OR MORE - F: F
S893.135 1m1 - DRUGS-POSSESS - ACTUAL CONST POSS SYNTH CANNABIN 280GR OR MORE - F: F
S893.135 1n1 - DRUGS-TRAFFIC - TRAFFIC N-BENZYL PHENETHYLAMINES 14 GR OR MORE - F: F
S893.135 1n3 - DRUGS-SMUGGLE - N-BENZYL PHENETHYLAMINE COMP 400GR MORE DEATH - F: C
S893.135 1n3 - DRUGS-PRODUCE - N-BENZYL PHENETHYLAMINE COMP 400GR MORE DEATH - F: C
S893.135 5 - HEROIN-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - OPIUM OR DERIV-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - COCAINE-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - SYNTH NARCOTIC-TRAFFIC - PHENCYCLIDINE CONSPIRE COMBINE CONFEDERATE W - F: F
S893.135 5 - DRUGS-TRAFFIC - CNTRL SUBS CONSPIRE COMBINE CONFEDERATES TO - F: F
S893.135 5 - DRUGS-TRAFFIC - IN CONTROLLED SUBSTANCE - F: F
S893.135 5 - DRUGS-TRAFFIC - METHAQUALONE CONSPIRE COMBINE CONFEDERATES TO - F: F
S893.135 5 - MARIJUANA-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - AMPHETAMINE-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - DRUGS-TRAFFIC - FLUNITRAZEPAM CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - GAMMA-HYDROXY (GHB) CONSP COMBINE CONFED - F: F
S893.135 5 - DRUGS-TRAFFIC - 1,4 BUTANEDIOL CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - PHENETHYLAMINES CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - GAMMA-BUTYROLACTONE (GBL) CONSP CMBINE CONFED - F: F
S893.135 5 - DRUGS-TRAFFIC - LYSERGIC ACID DIETHYLAMIDE LSD CONS COMB CONF - F: F
S893.135 5 - DRUGS-TRAFFIC - SYNTHETIC CANNABINOIDS CONSP COMBINE CONFEDERA - F: F
S893.135 5 - DRUGS-TRAFFIC - N-BENZYL PHENETHYLAMINES CONSP CMBINE CONFEDER - F: F
S893.135 7 - HEROIN-TRAFFIC - REMOVED - F: F
S893.135 7 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: F
S893.135 7 - COCAINE-TRAFFIC - REMOVED - F: F
S893.135 7 - SYNTH NARCOTIC-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - MARIJUANA-TRAFFIC - REMOVED - F: F
S893.135 7 - AMPHETAMINE-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . See § 893.135(1)(a)1. 3., Fla. . . . (1)(c)1. and § 893.135(1)(c)4., Fla.Stat. . . . (1)(c)2. and § 893.135(1)(c)4., Fla.Stat. . . . (1)(c)3. and § 893.135(1)(c)4., Fla.Stat. . . . See § 893.135(1)(g)1., Fla. . . .

STATE v. HERRERA- FERNANDEZ,, 271 So. 3d 1124 (Fla. App. Ct. 2019)

. . . See § 893.135(b)1.c., Fla. Stat. (2015). . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Trafficking ___ It is further ordered that the _____ mandatory minimum imprisonment provision of section 893.135 . . .

FAIRLEY, v. STATE, 253 So. 3d 1251 (Fla. App. Ct. 2018)

. . . statutory citation for the trafficking offense on page 2 of the judgment and sentence to reflect section 893.135 . . .

AMMONS, v. STATE, 253 So. 3d 130 (Fla. App. Ct. 2018)

. . . Appellant was charged as a principal for trafficking in methamphetamine under sections 777.011 and 893.135 . . .

SWANSON, Jr. v. J. SCOTT, E. M. S., 334 F. Supp. 3d 1203 (M.D. Fla. 2018)

. . . . § 893.135(1)(c)(1). . . .

GOULD, v. STATE, 251 So. 3d 1034 (Fla. App. Ct. 2018)

. . . ." § 893.135(1)(b)1., Fla. Stat. (2017). . . .

S. CENDEJAS, v. STATE, 250 So. 3d 851 (Fla. App. Ct. 2018)

. . . mandatory minimum terms of ten years and three years on count eight pursuant to sections 775.087(2) and 893.135 . . .

STRICKLAND, v. STATE, 243 So. 3d 529 (Fla. App. Ct. 2018)

. . . See § 893.135(1)(f)1.a., Fla. Stat. (2016). . . .

FRANCISCO, v. U. S. ATTORNEY GENERAL,, 884 F.3d 1120 (11th Cir. 2018)

. . . . § 893.135(1)(b) 1.c. . . . Stat. § 893.135(1)(b) 1.c. . . . Stat. § 893.135(1)(b) 1.c. . . . Stat. § 893.135(5) to "conspire[ ] ... to commit any act prohibited" by Fla. Stat. § 893.135(1). . . . Stat. § 893.135(1)(b)-(c) states: (b) 1. . . .

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

. . . However, only certain controlled substances qualify for prosecution under the trafficking statute, § 893.135 . . .

BIGHAM, v. STATE, 238 So. 3d 900 (Fla. App. Ct. 2018)

. . . charged with trafficking in hydrocodone (14 grams or more, but less than 28 grams) pursuant to section 893.135 . . . well as trafficking in hydromorphone (among other controlled substances), was prohibited by section 893.135 . . . more, but less than 28 grams, the offense was punishable by a 15-year mandatory minimum sentence. § 893.135 . . . In 2014, the Legislature amended section 893.135(1)(c) to move the provision prohibiting trafficking . . . in hydrocodone to its own subparagraph ( section 893.135(1)(c) 2.) and reduce the applicable mandatory . . .

CINTRON, v. U. S. ATTORNEY GENERAL,, 882 F.3d 1380 (11th Cir. 2018)

. . . Florida Statutes § 893.135(1)(c) 1. . . . Stat. § 893.135(1)(c) 1. . . . Stat. § 893.135(1)(b) 1.). . . . Stat. § 893.135 (2007). . . . Stat. § 893.135(1)(b) 1., with Fla. Stat. § 893.135(1)(c) 1. . . .

R. NOLLEY, v. STATE, 237 So. 3d 469 (Fla. App. Ct. 2018)

. . . See § 893.135(1)(f), Fla. Stat. (2016) ; Fla. Std. Jury Instr. (Crim.) 25.13(a). . . . State , 32 So.3d 188, 189 (Fla. 1st DCA 2010) ; see also § 893.135, Fla. Stat.; Fla. Std. . . .

TORRES, v. STATE, 236 So. 3d 499 (Fla. App. Ct. 2018)

. . . Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135 . . .

THAMES, DOC v. STATE, 230 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . similarly worded requirement that the accused’s possession be undertaken “knowingly” appears in section 893.135 . . .

UNITED STATES v. DOVER,, 710 F. App'x 380 (11th Cir. 2017)

. . . . § 893.135(l)(f)l (2007). . . . Stat. § 893.135(l)(f)l (2007). . . .

UNITED STATES v. ACKERMAN, a. k. a., 709 F. App'x 925 (11th Cir. 2017)

. . . . § 893.135(l)(a) (1985 & Supp. 1986), said “[a]ny person who knowingly sells, manufactures, delivers . . . In James, this Court considered whether Florida’s cocaine trafficking statute, Fla; Stat. § 893.135(1 . . . Stat. § 893.135(1)(a) (1985 & Supp. 1986). . . . Stat. § 893.135(1)(a) (1985 & Supp. 1986), did not prohibit the mere purchase of cannabis. . . . Stat. § 893.135(1)(a) (1985 & Supp. 1986). . . .

ANDERSON, v. STATE, 232 So. 3d 1056 (Fla. Dist. Ct. App. 2017)

. . . imposed for a conviction of trafficking in between 28 grams and 30 kilograms of hydrocodone, section 893.135 . . .

UNITED STATES v. WHITE,, 868 F.3d 1285 (11th Cir. 2017)

. . . . § 893.135(l)(b), which, like the Alabama statute in Mr. . . .

UNITED STATES v. ORR,, 705 F. App'x 892 (11th Cir. 2017)

. . . . § 893.135(l)(b)(l), qualified as a controlled substance offense for the purpose of applying a base . . . Stat. § 893.135(l)(b)(l), which provides, in pertinent part: “Any person who knowingly sells, purchases . . . Stat. § 893.135(l)(b)(l) (emphasis added). . . . Shannon, 631 F.3d 1187, 1188-90 (11th Cir. 2011) (recognizing the alternative elements in § 893.135(l . . . Although § 893.135 does not include an express element of intent, in United States v. . . .

UNITED STATES v. WILCOXSON,, 699 F. App'x 888 (11th Cir. 2017)

. . . . § 893.135(1)(b) (1987 & Supp. 1988), said “[a]ny person who knowingly sells, purchases, manufactures . . . Wilcoxson argues his conviction under § 893.135(l)(b) was not a serious drug offense under the ACCA because . . . Stat. § 893.135(l)(b) (1987 & Supp. 1988) (classifying trafficking in cocaine as a first-degree felony . . .

UNITED STATES v. KITCHEN,, 705 F. App'x 842 (11th Cir. 2017)

. . . . § 893.135(l)(c)la (2010). . . .

ROOKS, v. STATE, 224 So. 3d 272 (Fla. Dist. Ct. App. 2017)

. . . See § 893.135(1)(c)1., Fla. Stat. (2014). . . .

PINEIROCABAN, v. STATE, 224 So. 3d 777 (Fla. Dist. Ct. App. 2017)

. . . Pineirocaban was charged with violating section 893.135(l)(b)l.b., Florida Statutes (2015), by knowingly . . . less than 400 grams,.... shall be sentenced to a mandatory minimum term of imprisonment of 7 years 893.135 . . .

BIGIO, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 694 F. App'x 672 (11th Cir. 2017)

. . . car, the State of Florida charged him with trafficking in heroin in violation of Florida Statutes §§ 893.135 . . . A conviction under § 893.135(1)(c) for trafficking more than 28 grams but less than 30 kilograms of heroin . . . Stat. § 893.135(1)(c)(1)(c). Bigio was represented by attorney Louis Casuso. . . .

HOLT, v. STATE, 216 So. 3d 764 (Fla. Dist. Ct. App. 2017)

. . . On remand, the trial court is required to impose the mandatory $25,000 fine under section 893.135(l)( . . .

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

. . . See § 893.135(l)(c), Fla. . . . See § 893.135(i)(e)l,a. . . . See § 893.135(l)(f), Fla. . . . See § 893.135(l)(k), Fla. . . . See § 893.135(l)(l)L, Fla. . . .

UNITED STATES v. HART,, 684 F. App'x 834 (11th Cir. 2017)

. . . . § 893.135 was not necessarily a “controlled substance offense” under the Sentencing Guidelines). . . .

LATERZA, v. JPMORGAN CHASE BANK, N. A., 221 F. Supp. 3d 1347 (S.D. Fla. 2016)

. . . violation of Florida Law, to wit: Trafficking and Sale of Schedule II substances per Florida Statute [§ ] 893.135 . . .

UNITED STATES v. WHITE,, 837 F.3d 1225 (11th Cir. 2016)

. . . . § 893.135(l)(b)l. Punishment under the statute depends on the quantity of cocaine involved. Id. . . . .

SPABO, v. UNITED STATES ATTORNEY GENERAL,, 837 F.3d 1172 (11th Cir. 2016)

. . . contest to one count of Trafficking in Illegal Drugs- 4 <14 Grams in violation of Florida Statute § 893.135 . . . arguments and found him removable under § 237(a)(2)(A)(iii) on the basis that his conviction under § 893.135 . . . The IJ did not address whether Spaho’s conviction under § 893.135(l)(c)(l) — the conviction on whieh . . .

ZEIGLER, v. STATE, 198 So. 3d 1005 (Fla. Dist. Ct. App. 2016)

. . . conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135 . . .

WILES, v. STATE, 198 So. 3d 924 (Fla. Dist. Ct. App. 2016)

. . . .; see also § 893.135(l)(b)(l)(c), Fla. Stat. (2011). . . .

J. A. H. v. STATE, 198 So. 3d 884 (Fla. Dist. Ct. App. 2016)

. . . and charged by information with one count of trafficking in oxycodone, contrary in part to section 893.135 . . . filed a response, objecting to sealing the records and arguing that J.A.H. was charged under section 893.135 . . . J.A.H. filed a reply to the State’s response, stating that the of-fénse under section 893.135 was nolle . . . 943.059, Florida Statutes (2016), states: A criminal history record that relates to a violation of ... s. 893.135 . . . Although J.A.H. was initially charged with trafficking in oxycodone, under section 893.135, that count . . .

STATE v. R. MEASE,, 200 So. 3d 161 (Fla. Dist. Ct. App. 2016)

. . . Section 893.135(l)(f)(l)(b), Florida Statutes (2015), provides that a person convicted of trafficking . . . Interpreting seetion 893.135, our court, as well as every one of our sister courts, has concluded that . . .

WILDER, v. STATE, 194 So. 3d 1050 (Fla. Dist. Ct. App. 2016)

. . . items containing methamphetamine; Wilder was charged'with trafficking in methamphetamine under section 893.135 . . . Section 893.135(l)(f)l provides in pertinent part: Any person who knowingly sells, purchases, manufactures . . . And, section 893.135(6) provides in pertinent part: Por the purpose of clarifying legislative intent . . . not set a minimum threshold amount of methamphetamine that must be part of the mixture, and section 893.135 . . . Accordingly, based on the plain language of sections 893.135(l)(f)l. and 893.135(6), the jury was properly . . .

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

. . . See § 893.135(l)(c), Ela. . . . See § 893.135(l)(c), Fla. . . . See § 893.135(1) (f), Fla. . . . See § 893.135(l)(k), Fla. . . . _See § 893.135(l)(l)l„ Fla. . . .

OSORIO, v. STATE, 186 So. 3d 601 (Fla. Dist. Ct. App. 2016)

. . . . § 893.135(1X1)1., Fla. Stat. (2011). . . . . . § 893.135(l)(h)l., Fla. Stat. (2011). . . .

UNITED STATES v. ERIZA- GOMEZ, a. k. a. a. k. a., 644 F. App'x 920 (11th Cir. 2016)

. . . . § 893.135(l)(b) — is a “drug trafficking offense” for purposes of § 2L1.2 of the United States Sentencing . . . Stat. § 893.135(l)(b) conviction is not a § 2L1.2 “drug trafficking offense.” . . . Stat. § 893.135(1)(b) likewise requires ' “possession of a significant quantity of drugs,” “infers an . . . Stat. § 893.135(l)(b)(l)(b). . Convictions under Fla. . . . . § 893.135(l)(b)(l)(b) have a “mandatory minimum term of imprisonment of 3 years." . . .

UNITED STATES v. GUTIERREZ,, 643 F. App'x 948 (11th Cir. 2016)

. . . . §§ 893.13(6)(a), 893.135(1)(c)(1). . . .

WILLIAMS, v. STATE, 184 So. 3d 623 (Fla. Dist. Ct. App. 2016)

. . . See § 893.135(1)(b)1.a., Fla. Stat. (2014). . . . possession of a controlled substance unless such controlled substance was lawfully obtained”); see also § 893.135 . . .

M. PALMER, v. STATE, 180 So. 3d 1096 (Fla. Dist. Ct. App. 2015)

. . . And the trafficking statute, section 893.135(l)(f)l., Florida Statutes, provides that a person who “knowingly . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Drug Trafficking _ It is further ordered that the_mandatory minimum imprisonment provision of section 893.135 . . .

STATE v. KITE,, 178 So. 3d 98 (Fla. Dist. Ct. App. 2015)

. . . The State brought the trafficking charge under sections 893.135(l)(f)l.b., and 893.135(5), Florida Statutes . . . (l)(f)l.b., 893.135(5), and 777.04(3), Florida Statutes. . . . Specifically, the court read section 893.135(l)(f)l.b.' to prohibit the sale, purchase; • manufacture . . . To obtain a conviction for conspiracy to traffic in illegal drugs under sections 893.135(l)(f)l.b. and . . . 893.135(5), the State must prove — and may do so with circumstantial evidence — an express or implied . . .

STATE v. YEE,, 177 So. 3d 72 (Fla. Dist. Ct. App. 2015)

. . . Yee was charged with one count of possession of cannabis pursuant to section 893.135, Florida Statutes . . .

A. WESTERMAN, III, v. STATE, 175 So. 3d 937 (Fla. Dist. Ct. App. 2015)

. . . . § 893.135(1)©, Fla. Stat. (2014). . . .

UNITED STATES v. HILL,, 799 F.3d 1318 (11th Cir. 2015)

. . . 893.13(l)(a)(l), and his 2008 cocaine trafficking conviction, in violation of Florida Statutes section 893.135 . . .

UNITED STATES v. ANTUNEZ- CORNELIO, a. k. a., 619 F. App'x 815 (11th Cir. 2015)

. . . . § 893.135, is not a “drug trafficking offense” under USSG § 2L1.2. . . . commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine.” § 893.135 . . . However, even Antunez-Cornelio recognizes that delivery under § 893.135(l)(f) falls within the drug trafficking . . .

STATE v. ROTH,, 165 So. 3d 66 (Fla. Dist. Ct. App. 2015)

. . . mixture containing any such substance, but less than 30 kilograms, in violation of Florida Statutes 893.135 . . . (l)(c)l.c & 893.135(5), and against the peace and dignity of the State of Florida. . . .

THOMAS, v. STATE, 162 So. 3d 1084 (Fla. Dist. Ct. App. 2015)

. . . See § 893.135(l)(c)l.e., Fla. Stat. (2012). Thomas alleged five claims in his motion. . . .

WILES, v. STATE, 162 So. 3d 342 (Fla. Dist. Ct. App. 2015)

. . . See § 893.135(l)(b)(l)(c), Fla. Stat. (2011). This court affirmed Wiles’ judgments and sentences. . . . information charged conspiracy to commit racketeering; trafficking in cocaine, in violation of section 893.135 . . . or reprocess cocaine to be sold at wholesale and retail for profit, in violation of Florida Statute 893.135 . . . Count four charged conspiracy to traffic in cocaine in violation of section 893.135(l)(b). . . .

UNITED STATES v. SARABIA- MARTINEZ,, 779 F.3d 274 (5th Cir. 2015)

. . . . § 893.135(l)(f) (the statute under which Sarabia-Martinez was previously convicted) encompasses only . . .

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

. . . See § 893.135(l)(a)l.-3., Fla. . . . If applicable under the facts of the case and pursuant to § 893.135(2), Fla. . . . See § 893.135(l)(b)l.-2., Fla. . . . See § 893.135(l)(c)l.-2., Fla. . . . See § 893.135(l)(d)l.a.-c., Fla. . . .

PEREZ- RIVA, v. STATE, 152 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . Section 893.135, the basis for the trafficking charge, provides, in pertinent part, as follows: (1) Except . . .

FLETCHER, v. STATE, 143 So. 3d 469 (Fla. Dist. Ct. App. 2014)

. . . . § 893.135(l)(c)l.a., Fla. Stat. (2012). . § 893.147(1), Fla. Stat. (2012). . . .

RODRIGUEZ, v. UNITED STATES, 572 F. App'x 884 (11th Cir. 2014)

. . . 1993, Rodriguez with counsel pled guilty to cocaine trafficking, in violation of Florida Statute § 893.135 . . . Stat. § 893.135(l)(b)l. . . . Id. § 893.135(l)(b)l.b. (1992). . . . to violations of § 893.135(l)(b) involving at least 200 but less than 400 grams of cocaine. . . . Stat. § 893.135(l)(b)l.b. (1992). . . .

STATE v. CHUBBUCK,, 141 So. 3d 1163 (Fla. 2014)

. . . January 2008, Harry Chubbuck was charged with one count of trafficking in cocaine (28-200 grams) (§ 893.135 . . .

GORDON, v. STATE, 139 So. 3d 958 (Fla. Dist. Ct. App. 2014)

. . . (1)(c)(1)(c) and 893.135(5), Florida Statutes (2011). . . . (creating section 893.135(1)(c)(2)-(3)). . . . (codifying § 893.135(7)). . . . Com/pare 893.135(1)(c)(1)(b) ($100,000 fine for 14-28 grams), with 893.135(1)(c)(1)(a) ($50,000 fine . . . . § 893.135(1)(c)(2). . . .

ROCHESTER, v. STATE, 140 So. 3d 973 (Fla. 2014)

. . . that must be served day-for-day such as those set forth in, for example, sections 775.082(9)(b) or 893.135 . . . Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.”); § 893.135 . . . Tiny person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.”); § 893.135 . . .

UNITED STATES v. VINALES,, 564 F. App'x 518 (11th Cir. 2014)

. . . . § 893.135(l)(b)(l). In James, this Court held that a conviction under Fla. . . . . § 893.135 for possessing between 200 and 400 grams of cocaine with intent to distribute qualified as . . . Stat. § 893.135 did not qualify as a “controlled substances offense” under the career offender enhancement . . . Stat. § 893.135 is more broad than the definitions of “controlled substances offense” and “serious drug . . .

HERNANDEZ, v. STATE, 137 So. 3d 542 (Fla. Dist. Ct. App. 2014)

. . . See § 893.135(l)(a)l., Fla. Stat. (2011). . . . , decided prior to the creation of mandatory minimum terms such as the one at issue in this case. § 893.135 . . .

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

. . . See § 893.135(l)(f)c., Fla. . . .

PRESTON, Jr. v. GEE,, 133 So. 3d 1218 (Fla. Dist. Ct. App. 2014)

. . . The defendant is charged with trafficking in controlled substances as defined by s. 893.135, that there . . .

HAMPTON, v. STATE, 135 So. 3d 440 (Fla. Dist. Ct. App. 2014)

. . . Section 893.135(5), Florida Statutes, provides that the crime of conspiracy to engage in trafficking . . . , conspires, combines, or confederates with another person to commit any act prohibited by [section 893.135 . . . Florida Statutes]” and is punishable “as if he or she had actually committed such prohibited act.” § 893.135 . . . Section 893.135(1) in turn, prohibits the “acts” of selling, purchasing, manufacturing, delivering, bringing . . . The conspiracy statute, section 893.135(5), makes it a crime to commit “any act prohibited by subsection . . . In enacting section 893.135, the legislature created a new crime and attached to it a new label. . . . , conspires, combines, or confederates with another person to commit any act prohibited by [section 893.135 . . . (1) ].” § 893.135(5), Fla. . . . To the contrary, in enacting section 893.135(5), the Legislature intended for trafficking conspirators . . . See § 893.135(5), Fla. Stat. . . . Based on our interpretation of section 893.135(5), we deem it appropriate to recede from Davis because . . .

CLOUGH, v. STATE, 136 So. 3d 680 (Fla. Dist. Ct. App. 2014)

. . . See § 893.135, Fla. Stat. (2009). In January 2011, a jury convicted Mr. Clough. . . .

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

. . . alleged crimes would fall under section 893.13(8)(a), Florida Statutes (2009), and not under section 893.135 . . . and not in the course of professional practice,” various controlled substances, contrary to sections 893.135 . . . Appellee was charged under sections 893.135(l)(c) and 893.05. . . . Section 893.135(l)(c) provides: (1) Except as authorized in this chapter or in chapter 499 and notwithstanding . . . prescriptions or, in the case of a prescription written for a controlled substance described in s. 893.135 . . .

GREENWADE, v. STATE, 124 So. 3d 215 (Fla. 2013)

. . . Section 893.135(l)(b) bears a reasonable relationship to the legitimate state objective of protection . . . The defendant was charged with trafficking in cocaine under section 893.135(l)(b), Florida Statutes ( . . . See § 893.135, Fla. Stat. (2009). . . . See § 893.135(l)(b), (c), (f), Fla. Stat. (2009). . . . See § 893.135, Fla. Stat. (2009). . . .

STATE v. SCHULTZ,, 120 So. 3d 222 (Fla. Dist. Ct. App. 2013)

. . . order granting the defendant’s motion to dismiss six trafficking in oxycodone charges under section 893.135 . . . and not in the course of professional practice,” 28 grams or more of oxycodone, contrary to section 893.135 . . . Section 893.135(l)(c)l.e., in perti-Inent part, provides: (1) Except as authorized in this chapter or . . . The defendant moved to dismiss the six counts alleging violations of section 893.135(l)(e)l.c. . . . First, the plain language of section 893.135(l)’s introductory phrase controls. . . .

STATE v. M. GONZALEZ, Jr., 121 So. 3d 625 (Fla. Dist. Ct. App. 2013)

. . . granting the defendant’s motion to dismiss numerous drug trafficking-related charges under section 893.135 . . . Section 893.135(l)(c), in pertinent part, provides: (1) Except as authorized in this chapter or in chapter . . . In the motion, the defendant raised two primary arguments: (1) section 893.135 does not specifically . . . where the penalties for trafficking under section 893.135 are much more severe.” . . . First, the plain language of section 893.135(l)’s introductory phrase controls. . . .

PLUMMER, v. STATE, 121 So. 3d 1129 (Fla. Dist. Ct. App. 2013)

. . . . § 893.135(l)(c)l.b, Fla. Stat. (2010). . . .

DAY, v. STATE, 119 So. 3d 485 (Fla. Dist. Ct. App. 2013)

. . . Because the quantity of hy-drocodone qualified under section 893.135(c)l.b., Florida Statutes, Appellant . . .

DELGADO- GEORGE, v. STATE, 125 So. 3d 1031 (Fla. Dist. Ct. App. 2013)

. . . conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135 . . .

UNITED STATES v. TORRES- IBARRA,, 536 F. App'x 461 (5th Cir. 2013)

. . . . § 893.135(a)(1); State v. Houston, 605 So.2d 962, 963 (Fla.Dist.Ct.App.1992). . . .

UNITED STATES v. BAILEY,, 522 F. App'x 497 (11th Cir. 2013)

. . . . § 893.135, constitutes an ACCA predicate offense because the “statute necessarily infers an intent . . .

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

. . . See § 893.135(l)(a)l.-3., Fla. . . . See § 893.135(l)(b)l.-2., Fla. . . . See § 893.135(l)(c)l.-2., Fla. . . . See § 893.135(1)(d)1.a.-c., Fla. . . . See § 893.135(l)(e)l.a.-c., Fla. . . .

DELGADO, v. U. S. ATTORNEY GENERAL,, 517 F. App'x 680 (11th Cir. 2013)

. . . . § 893.135. . . .

L. VASQUEZ, v. STATE, 111 So. 3d 273 (Fla. Dist. Ct. App. 2013)

. . . See §§ 893.03(l)(b), 893.135(5). . . . .

AUBUCHON, v. STATE, 110 So. 3d 55 (Fla. Dist. Ct. App. 2013)

. . . See § 893.135(l)(c)(l), Fla. Stat. (2010). . . .

TYLER, III, v. STATE, 107 So. 3d 547 (Fla. Dist. Ct. App. 2013)

. . . 898.13, Florida Statutes, (Count 1) and [for] trafficking in methamphetamine in violation of section 893.135 . . . supreme court also found a double jeopardy violation where convictions both for trafficking under section 893.135 . . . By limiting its analysis to the “possession component” of the trafficking statute (section 893.135), . . . holding in Johnson that any “alternative conduct” which could also prove trafficking under section 893.135 . . . Section 893.135(l)(b) 1., Florida Statutes (2010), provides: Any person who knowingly sells, purchases . . .

E. BODIE, v. STATE, 143 So. 3d 420 (Fla. Dist. Ct. App. 2013)

. . . However, instead of tracking the language of the applicable statute, section 893.135(l)(f), Florida Statutes . . . (2006), the State inadvertently tracked and cited section 893.135(l)(k), which proscribes trafficking . . . his counsel rendered ineffective assistance in failing to move to dismiss the charge under section 893.135 . . . Appellant currently stands convicted of trafficking in phenethylamines under section 893.135(l)(k). . . . (l)(f), which proscribes trafficking in fourteen grams or more of methamphetamine, and section 893.135 . . .

RICKETTS, v. STATE, 125 So. 3d 194 (Fla. Dist. Ct. App. 2013)

. . . The defendant was convicted of violating sections 893.135(l)(a) and 893.03(l)(c), Florida Statutes (2009 . . . his storage unit, which alerted a drug-sniffing K9 to the presence of marijuana, and (2) that section 893.135 . . . The defendant in this case was charged with violating section 893.135 for “unlawfully and knowingly purchasing . . . Section 893.135 specifically prohibits a person from “knowingly” engaging in the prohibited conduct. . . . § 893.135(l)(a), Fla. . . .

ODOM, v. STATE, 104 So. 3d 1238 (Fla. Dist. Ct. App. 2012)

. . . . §§ 893.135(l)(f), 893.03(2)(c)4, Fla. Stat. (amended eff. July 1, 2008). . . .

MOSLEY, v. STATE, 100 So. 3d 1214 (Fla. Dist. Ct. App. 2012)

. . . State failed to prove that he possessed the requisite amount of cocaine for trafficking under section 893.135 . . . Under section 893.135(1)(b)(1), “[a]ny person who knowingly sells ... 28 grams or more of cocaine ... . . . substance sold by Mosley was cocaine and that it met the statutory trafficking weight under section 893.135 . . .

PHILLIPS a k a v. STATE, 100 So. 3d 249 (Fla. Dist. Ct. App. 2012)

. . . felonies the committing of, or the attempt to perpetrate, a trafficking offense prohibited by section 893.135 . . .

SCOTT, v. STATE, 102 So. 3d 676 (Fla. Dist. Ct. App. 2012)

. . . . § 893.135(5), Fla. Stat. (2008). . . . .

STATE v. HINMAN,, 100 So. 3d 220 (Fla. Dist. Ct. App. 2012)

. . . The pills ultimately were alleged to be over 28 grams of hydrocodone, in violation of section 893.135 . . .

DAVIS, v. STATE, 100 So. 3d 224 (Fla. Dist. Ct. App. 2012)

. . . . § 893.135(1), Fla. Stat. (2009). . . .

L. PRINCE, v. STATE, 98 So. 3d 768 (Fla. Dist. Ct. App. 2012)

. . . See §§ 893.135(l)(b)l. & 775.082(3)(b), Fla. Stat. (1985). . . .

GARABEDIAN, v. STATE, 98 So. 3d 1249 (Fla. Dist. Ct. App. 2012)

. . . See § 893.135(4), Fla. Stat. (2009). . . .

UNITED STATES v. SAUCEDO- GARCIA, a. k. a. a. k. a., 491 F. App'x 117 (11th Cir. 2012)

. . . which is also a third degree felony; and (3) cannabis trafficking possession, under Florida Statutes § 893.135 . . .

M. BADGETT, Sr. v. STATE, 97 So. 3d 320 (Fla. Dist. Ct. App. 2012)

. . . the judgment and sentence imposed for Count I, trafficking in illegal drugs in violation of section 893.135 . . .

A. GAUTREAUX, v. STATE, 95 So. 3d 1012 (Fla. Dist. Ct. App. 2012)

. . . traffic in more than twenty-eight grams but less than thirty kilograms of heroin pursuant to section 893.135 . . .

FAGAN, v. STATE, 96 So. 3d 1023 (Fla. Dist. Ct. App. 2012)

. . . Defendant appeals his conviction and sentence for trafficking in oxycodone in violation of Section 893.135 . . . Second, the defendant challenges the constitutionality of Section 893.135, Florida Statutes. . . . Defendant argues that his conviction for trafficking in oxycodone should be reversed because Section 893.135 . . .

SMITH, Jr. v. STATE, 95 So. 3d 966 (Fla. Dist. Ct. App. 2012)

. . . argues that section 893.101, Florida Statutes, renders the statute under which he was convicted, section 893.135 . . .

JACQUES, v. STATE, 95 So. 3d 419 (Fla. Dist. Ct. App. 2012)

. . . Jacques was initially charged with trafficking in cocaine in violation of section 893.135(l)(b)l of the . . . Stat. (2012); § 893.135(1)(b)1, Fla. Stat. (2012). . . .

BASULTO- RODRIGUEZ, v. STATE, 95 So. 3d 403 (Fla. Dist. Ct. App. 2012)

. . . Alexander Basulto-Rodriguez appeals from his conviction for trafficking in cannabis in violation of section 893.135 . . .

DAVIS, v. STATE, 95 So. 3d 340 (Fla. Dist. Ct. App. 2012)

. . . .” § 893.135(1)(b)1, Fla. Stat. (2008). . . . . § 893.135(5). . . .

HANNIGAN, v. STATE, 84 So. 3d 450 (Fla. Dist. Ct. App. 2012)

. . . The trial court imposed a fifteen-year mandatory minimum prison sentence pursuant to section 893.135( . . .

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

. . . . § 893.135(l)(c)l., Fla. Stat. (2009). . . .