Controlled Substance Offenses
Arrest exception may applyUnlawful sale, manufacture, delivery, possession with intent, or possession of a controlled substance.
Florida Statute
§ 893.13
Prohibited acts; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: October 1, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Unlawful cannabis possession
Required facts
- Probable cause that a chapter 893 cannabis-possession provision is being violated.
- Identify the substance and possession track; assess lawful medical possession.
Limits & qualifications
- The ordinary misdemeanor track is possession of 20 grams or less under (6)(b); distinguish resin and other preparations and lawful medical possession.
- This is not a blanket exception for all misdemeanor drug offenses.
Authority
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.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
Prohibited conduct
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 2AND — Required
Controlled substance and authorization
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.
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 InstructionVerified against the official instruction source: September 13, 2026
Instruction 25.7
Possession of a Controlled Substance
Use for the applicable F.S. § 893.13 possession track.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 25.4
Delivery of a Controlled Substance to or Use of Minor
Covers F.S. § 893.13(4).
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.