Controlled Substance Offenses
Unlawful sale, manufacture, delivery, possession with intent, or possession of a controlled substance.
Florida Statute
§ 893.13
Prohibited acts; penalties
Quick Summary
Start with the conduct, the substance's current schedule, quantity, and any location or prior-conviction circumstances. These facts determine the applicable charge and classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Commercial Conduct — Higher-Schedule Substances
F.S. § 893.13(1)(a)1.
Sale, manufacture, delivery, or possession with intent involving the substances listed in F.S. 893.13(1)(a)1.
Commercial Conduct — Other Scheduled Substances
F.S. § 893.13(1)(a)2.
Sale, manufacture, delivery, or possession with intent involving the substances listed in F.S. 893.13(1)(a)2.
Commercial Conduct — Schedule V
F.S. § 893.13(1)(a)3.
Sale, manufacture, delivery, or possession with intent involving a Schedule V controlled substance.
Commercial Conduct — More Than 10 Grams of Specified Substances
F.S. § 893.13(1)(b)
Sale or delivery of more than 10 grams of the specified Schedule I substances or mixture in F.S. 893.13(1)(b).
Protected Location — Higher-Schedule Substances
F.S. § 893.13(1)(c)1., (d)1.
Commercial conduct involving the listed higher-schedule substances in or within 1,000 feet of a protected child-care, school, park, community-center, recreational-facility, or postsecondary-location track.
Protected Location — Other Scheduled Substances
F.S. § 893.13(1)(c)2., (d)2.
Commercial conduct involving the listed other scheduled substances in the applicable protected-location track.
Possession — Controlled Substance
F.S. § 893.13(6)(a)
Actual or constructive possession of a controlled substance without lawful authorization, unless a more specific possession provision applies.
Possession — 20 Grams or Less of Cannabis
F.S. § 893.13(6)(b)
Actual or constructive possession of 20 grams or less of cannabis as defined in the statute.
Possession — More Than 10 Grams of Specified Substances
F.S. § 893.13(6)(c)
Possession of more than 10 grams of the specified Schedule I or Schedule II substances or mixture.
Possession — Schedule V
F.S. § 893.13(6)(d)
Possession of a Schedule V controlled substance.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant knowingly engaged in the applicable prohibited conduct: selling, manufacturing, delivering, possessing with intent to sell, manufacture, or deliver, or possessing a controlled substance without lawful authority.
Plain language: First identify the conduct. The commercial-conduct tracks and possession tracks have different statutory elements and classifications.
- Element 2
The substance was a controlled substance under the current schedules, and the person was not authorized to engage in the conduct.
Plain language: Verify the substance and current schedule. A lawful prescription or other statutory authorization can change the analysis.
Controlled Substance Schedule Guide
Controlled Substance Schedule Guide
Controlled Substance Schedule Guide
Common examples only. Confirm every substance and formulation against the current statutory schedule before charging.
Schedule I
High potential for abuse; no currently accepted medical use in treatment in the United States under the statutory standard.
Common examples: Heroin, LSD, MDMA, psilocybin, cannabis, xylazine, and many fentanyl or nitazene derivatives.
Schedule II
High potential for abuse; accepted medical use may exist, but with severe restrictions and a risk of severe physical or psychological dependence.
Common examples: Cocaine, fentanyl, oxycodone, hydrocodone, methamphetamine, and amphetamine.
Schedule III
Lower abuse potential than Schedules I and II; accepted medical use, with moderate or low physical dependence or high psychological dependence possible.
Common examples: Ketamine, buprenorphine, and anabolic steroids.
Schedule IV
Lower abuse potential than Schedule III; accepted medical use and limited physical or psychological dependence relative to Schedule III.
Common examples: Alprazolam, diazepam, lorazepam, tramadol, and zolpidem.
Schedule V
Low abuse potential relative to Schedule IV; accepted medical use and limited physical or psychological dependence relative to Schedule IV.
Common examples: Pregabalin and specified preparations containing limited quantities of codeine or other controlled substances.
Jury Instructions
Jury Instructions
Instruction 25.2
Sale, Purchase, Manufacture, Delivery, or Possession With Intent
Use for the applicable F.S. § 893.13 sale, purchase, manufacture, delivery, or possession-with-intent track.
View Official InstructionInstruction 25.7
Possession of a Controlled Substance
Use for the applicable F.S. § 893.13 possession track.
View Official InstructionImportant Definitions
Important Definitions
Controlled substance
A substance named or described in Florida's controlled-substance schedules. Confirm the current schedule before selecting the charge classification.
Actual or constructive possession
Possession may be physical control or legal control over the substance; apply the controlling facts and jury-instruction definitions for the chosen charge.
Additional Notes
Additional Notes
Quick Reference
The conduct, current controlled-substance schedule, amount, and location are the essential first facts. Use the classification table before selecting a charge.
Important
This page is a charging reference, not a substitute for the current schedules, statutory exceptions, or approved jury instructions. Verify the exact substance and statute before filing.