Florida Statute 893.1351 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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.

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Amendments to 893.1351

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 893.1351

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

S893.1351 1 - DRUGS-TRAFFIC - OWN RENT STRUCTURE VEH KNOW TRAFFIC DRUGS - F: T

S893.1351 1 - DRUGS-SELL - OWN RENT STRUCTURE VEH KNOW SELL DRUGS - F: T

S893.1351 1 - DRUGS-PRODUCE - OWN RENT STRUCTURE VEH KNOW DRUGS MFGRD - F: T

S893.1351 2 - DRUGS-PRODUCE - POSSESS STRUCTURE VEH KNOW DRUGS MFGRD - F: S

S893.1351 2 - DRUGS-SELL - POSSESS STRUCTURE VEH KNOW SELL DRUGS - F: S

S893.1351 2 - DRUGS-TRAFFIC - POSSESS STRUCTURE VEH KNOW TRAFFIC DRUGS - F: S

S893.1351 3 - DRUGS-PRODUCE - POSS STRUCT VEH KNOW DRUGS MFGRD MINOR PRESENT - F: F

S893.1351 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 6484 - F: T

Cases Citing Statute 893.1351

Total Results: 13

Delgado-George v. State

125 So. 3d 1031, 2013 WL 3835837, 2013 Fla. App. LEXIS 11740

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60235641

Cited 3 times | Published

manufacture of controlled substances in violation of section 893.1351(2), Florida Statutes (2010). Because we find

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

INTENDED FOR SALE OR DISTRIBUTION] § 893.1351(1), Fla. Stat. Certain drugs and chemical

The State of Florida v. Daniel Arshadnia

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103690

Published

of trafficking in cannabis, in violation of section 893.1351(1), Florida Statutes (2018); and (3) trafficking

GENARD JENKINS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089290

Published

trafficking or sale of controlled substances. See § 893.1351(2), Fla. Stat. (2018). But the violation of probation

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Supreme Court of Florida | Filed: Feb 6, 2020 | Docket: 16811588

Published

13(h) instruct upon the offenses codified in section 893.1351, subsections (1) and (2), Florida Statutes

DEWARDERICK MORRIS v. STATE OF FLORIDA

264 So. 3d 1036

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 8504961

Published

Morris shortly thereafter. Section 893.1351(2), Florida Statutes (2016), prohibits knowingly

TRAVIS HUNT v. STATE OF FLORIDA

256 So. 3d 243

District Court of Appeal of Florida | Filed: Oct 5, 2018 | Docket: 7988758

Published

for trafficking. We agree. Section 893.1351(2), Florida Statutes (2016), provides that

Thames v. State

230 So. 3d 566

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181365

Published

Mr. Thames guilty of the crime defined in section 893.1351(2). But the majority equates this element

Bobby Lee Zeigler v. State of Florida

198 So. 3d 1005, 2016 Fla. App. LEXIS 12132, 2016 WL 4239816

District Court of Appeal of Florida | Filed: Aug 11, 2016 | Docket: 4120643

Published

counts, including the charge that he violated section 893.1351(2),, Florida Statutes, which criminalizes

Agresta v. City of Maitland

159 So. 3d 876, 2015 Fla. App. LEXIS 2189, 2015 WL 710976

District Court of Appeal of Florida | Filed: Feb 20, 2015 | Docket: 60246702

Published

cultivating the cannabis for his own personal use. See § 893.1351(4), Fla. Stat. (2008) (“For the purposes of this

State v. Marron

111 So. 3d 210, 2013 WL 1316393, 2013 Fla. App. LEXIS 5358

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230775

Published

purpose of trafficking in a controlled substance_" § 893.1351(2), Fla. Stat. (2008). The appellee’s claim at

State v. Marron

106 So. 3d 1005, 2013 WL 616351, 2013 Fla. App. LEXIS 2601

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228070

Published

of trafficking in a controlled substance....” § 893.1351(2), Fla. Stat. (2008). The appellee’s claim at

Ewing v. State

56 So. 3d 67, 2011 Fla. App. LEXIS 2281, 36 Fla. L. Weekly Fed. D 421

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 60298622

Published

.03(2)(c)(4). . See § 893.147(1). . See § 893.1351(2).

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