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Florida Statutes

Fla. Stat. § 893.1351 (2025)

Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.—
(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
History.—s. 1, ch. 91-118; s. 10, ch. 99-188; s. 22, ch. 2000-320; s. 1, ch. 2002-212; s. 14, ch. 2005-128; s. 2, ch. 2008-184; s. 43, ch. 2016-105; s. 125, ch. 2019-167.

Arrestable Offenses under F.S. 893.1351

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§893.1351(1)DRUGS-TRAFFICOWN RENT STRUCTURE VEH KNOW TRAFFIC DRUGSF · 3rd
§893.1351(1)DRUGS-SELLOWN RENT STRUCTURE VEH KNOW SELL DRUGSF · 3rd
§893.1351(1)DRUGS-PRODUCEOWN RENT STRUCTURE VEH KNOW DRUGS MFGRDF · 3rd
§893.1351(2)DRUGS-PRODUCEPOSSESS STRUCTURE VEH KNOW DRUGS MFGRDF · 2nd
§893.1351(2)DRUGS-SELLPOSSESS STRUCTURE VEH KNOW SELL DRUGSF · 2nd
§893.1351(2)DRUGS-TRAFFICPOSSESS STRUCTURE VEH KNOW TRAFFIC DRUGSF · 2nd
§893.1351(3)DRUGS-PRODUCEPOSS STRUCT VEH KNOW DRUGS MFGRD MINOR PRESENTF · 1st
§893.1351DRUGS-TRAFFICRENUMBERED. SEE REC # 6484F · 3rd
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 2011–2023 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018).
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). · cites it 7× “13(f) [OWNERSHIP] [LEASE] [RENTAL] OF A PLACE FOR [ [TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION] § 893.1351(1), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled…”
Thames v. State, 230 So. 3d 566 (Fla. 2d DCA 2017). · cites it 29× “13, Florida Statutes (2014), (2) actual or constructive possession of a conveyance used for the trafficking, sale, or manufacture of controlled substances in violation of section 893.1351, and (3) solicitation to purchase cannabis under sections 777.”
Bobby Lee Zeigler v. State of Florida, 198 So. 3d 1005 (Fla. 1st DCA 2016). · cites it 9× “§ 893.1351(2), Fla. Stat. (2013). 2 3. That substance was intended for sale or distribution to another.”
Delgado-George v. State, 125 So. 3d 1031 (Fla. 2d DCA 2013). · cites it 7× “Ricardo Delgado-George challenges his judgment and sentence for actual or constructive possession of a conveyance used for the trafficking, sale, or manufacture of controlled substances in violation of section 893.1351(2), Florida Statutes (2010).”
Travis Hunt v. State of Florida, 256 So. 3d 243 (Fla. 2d DCA 2018). · cites it 3× “Section 893.1351(2), Florida Statutes (2016), provides that "[a] person may not knowingly be in actual or constructive possession of any .”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-03 (Fla. 2020). · cites it 31× “Accordingly, the exact nature of the substance must be proven if the State is prosecuting under the trafficking prong of § 893.1351(1), Florida Statutes. A special instruction will be required if the defense is that the defendant did not know of the illicit nature of the…”
Agresta v. City of Maitland, 159 So. 3d 876 (Fla. 5th DCA 2015). · cites it 2× “See § 893.1351(4), Fla. Stat. (2008) (“For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.”
Ewing v. State, 56 So. 3d 67 (Fla. 2d DCA 2011). “…893.13(l)(a)(l), ,03(2)(c)(4), Fla. Stat. (2008). . See §§ 893.13(l)(a)(l), .03(2)(c)(4). . See § 893.147(1). . See § 893.1351(2).”
Genard Jenkins v. State of Florida (Fla. 4th DCA 2020). · cites it 4× “See § 893.1351(1), Fla. Stat. (2018). Despite this error, the record is clear that the circuit court would have revoked probation and imposed the same sentence even without this specific violation.”
Dewarderick Morris v. State of Florida, 264 So. 3d 1036 (Fla. 2d DCA 2019). · cites it 3× “Section 893.1351(2), Florida Statutes (2016), prohibits knowingly possessing a "conveyance with the knowledge that the .”
State v. Marron, 106 So. 3d 1005 (Fla. 3d DCA 2013). · cites it 2× “” § 893.1351(2), Fla. Stat. (2008). The appellee’s claim at sentencing that he was merely an "unknowing landlord” cannot be reconciled with the jury’s finding of guilt on this charge.”
State v. Marron, 111 So. 3d 210 (Fla. 3d DCA 2013). · cites it 2× “will be used for the purpose of trafficking in a controlled substance_" § 893.1351(2), Fla. Stat. (2008). The appellee’s claim at sentencing that he was merely an "unknowing landlord” cannot be reconciled with the jury's finding of guilt on this charge.”
Show all 13 citing cases →
— 893.1351(1) — 4 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “13(f) [OWNERSHIP] [LEASE] [RENTAL] OF A PLACE FOR [ [TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION] § 893.1351(1), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled…”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-03 (Fla. 2020). “Accordingly, the exact nature of the substance must be proven if the State is prosecuting under the trafficking prong of § 893.1351(1), Florida Statutes. A special instruction will be required if the defense is that the defendant did not know of the illicit nature of the…”
Genard Jenkins v. State of Florida (Fla. 4th DCA 2020). “See § 893.1351(1), Fla. Stat. (2018). Despite this error, the record is clear that the circuit court would have revoked probation and imposed the same sentence even without this specific violation.”
The State of Florida v. Daniel Arshadnia (Fla. 3d DCA 2023).
— 893.1351(2) — 10 cases
Thames v. State, 230 So. 3d 566 (Fla. 2d DCA 2017). “13, Florida Statutes (2014), (2) actual or constructive possession of a conveyance used for the trafficking, sale, or manufacture of controlled substances in violation of section 893.1351, and (3) solicitation to purchase cannabis under sections 777.”
Bobby Lee Zeigler v. State of Florida, 198 So. 3d 1005 (Fla. 1st DCA 2016). “§ 893.1351(2), Fla. Stat. (2013). 2 3. That substance was intended for sale or distribution to another.”
Delgado-George v. State, 125 So. 3d 1031 (Fla. 2d DCA 2013). “Ricardo Delgado-George challenges his judgment and sentence for actual or constructive possession of a conveyance used for the trafficking, sale, or manufacture of controlled substances in violation of section 893.1351(2), Florida Statutes (2010).”
Travis Hunt v. State of Florida, 256 So. 3d 243 (Fla. 2d DCA 2018). “Section 893.1351(2), Florida Statutes (2016), provides that "[a] person may not knowingly be in actual or constructive possession of any .”
Ewing v. State, 56 So. 3d 67 (Fla. 2d DCA 2011). “…893.13(l)(a)(l), ,03(2)(c)(4), Fla. Stat. (2008). . See §§ 893.13(l)(a)(l), .03(2)(c)(4). . See § 893.147(1). . See § 893.1351(2).”
— 893.1351(3) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “13(f) [OWNERSHIP] [LEASE] [RENTAL] OF A PLACE FOR [ [TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION] § 893.1351(1), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled…”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-03 (Fla. 2020). “Accordingly, the exact nature of the substance must be proven if the State is prosecuting under the trafficking prong of § 893.1351(1), Florida Statutes. A special instruction will be required if the defense is that the defendant did not know of the illicit nature of the…”
— 893.1351(4) — 3 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “13(f) [OWNERSHIP] [LEASE] [RENTAL] OF A PLACE FOR [ [TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION] § 893.1351(1), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled…”
Agresta v. City of Maitland, 159 So. 3d 876 (Fla. 5th DCA 2015). “See § 893.1351(4), Fla. Stat. (2008) (“For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-03 (Fla. 2020). “Accordingly, the exact nature of the substance must be proven if the State is prosecuting under the trafficking prong of § 893.1351(1), Florida Statutes. A special instruction will be required if the defense is that the defendant did not know of the illicit nature of the…”
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This Florida statute resource is curated by a Jacksonville criminal defense lawyer, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 893 matters in the context of drug possession and trafficking defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.