Property Used for Drug Trafficking or Manufacture
Owning, leasing, renting, or possessing a place or conveyance with knowledge of specified controlled-substance trafficking, sale, or manufacture activity.
Florida Statute
§ 893.1351
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance
Quick Summary
Identify the property or conveyance, the person's relationship to it, knowledge of the specified intended use, and whether the minor-present manufacturing escalation applies.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Ownership, Lease, or Rental Track
F.S. § 893.1351(1)
Owning, leasing, or renting a covered property or conveyance with knowledge it will be used for specified trafficking, sale, or manufacture.
Possession Track
F.S. § 893.1351(2)
Actual or constructive possession of a covered property or conveyance with knowledge it will be used for specified trafficking, sale, or manufacture.
Manufacturing Premises With a Minor Present or Residing
F.S. § 893.1351(3)
Actual or constructive possession of covered manufacturing premises, knowledge of the use, and knowledge or reason to know a minor is present or resides there.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant owned, leased, rented, or possessed a place, structure, trailer, or conveyance.
Plain language: Identify the property or conveyance and the defendant's legal or actual/constructive possession relationship to it.
- Element 2
The defendant knew the property or conveyance would be used for a statutory trafficking, sale, or manufacture purpose; the minor-present escalation requires knowing or constructive possession of manufacturing premises and knowledge or reason to know a minor is present or resides there.
Plain language: Select the ownership/lease/rental, possession, or minor-present manufacturing track; each has a different degree.
Jury Instructions
Jury Instructions
Instruction 25.13(f)
Ownership, Lease, or Rental of a Place for Drug Activity
Use for the applicable F.S. § 893.1351 ownership, lease, rental, or possession track.
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
The degree depends on the person's connection to the property and the intended drug activity; a minor-present manufacturing circumstance is the highest listed escalation.