Drug Cases
Florida
is tough on drug crimes and a lot is at stake if you’ve
been arrested. Even a small conviction – like
possessing a small amount of marijuana – can have
lasting consequences. Drug crime convictions can affect
your future employment and result in your drivers
license being suspended. Having an experienced criminal
defense attorney on your side is very important.
Attorney Seif has handled a variety of drug cases
including, sale of drugs, manufacture of drugs, drug
trafficking, as well as simple possession.
Florida Drug Laws 893.13 Prohibited acts;
penalties.--
(1)(a) Except as authorized by this chapter
and chapter 499, it is unlawful for any person to sell,
manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance. Any
person who violates this provision with respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. A controlled substance named or described
in s. 893.03(5) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
(b) Except as provided in this chapter, it
is unlawful to sell or deliver in excess of 10 grams of
any substance named or described in s. 893.03(1)(a) or
(1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates
this paragraph commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(c) Except as authorized by this chapter, it
is unlawful for any person to sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or
deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a child care
facility as defined in s. 402.302 or a public or private
elementary, middle, or secondary school between the
hours of 6 a.m. and 12 midnight, or at any time in, on,
or within 1,000 feet of real property comprising a
state, county, or municipal park, a community center, or
a publicly owned recreational facility. For the purposes
of this paragraph, the term "community center" means a
facility operated by a nonprofit community-based
organization for the provision of recreational, social,
or educational services to the public. Any person who
violates this paragraph with respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084. The defendant must be sentenced to a minimum
term of imprisonment of 3 calendar years unless the
offense was committed within 1,000 feet of the real
property comprising a child care facility as defined in
s. 402.302.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as
lawfully sold, manufactured, or delivered, must be
sentenced to pay a $500 fine and to serve 100 hours of
public service in addition to any other penalty
prescribed by law.
This paragraph does not apply to a child care
facility unless the owner or operator of the facility
posts a sign that is not less than 2 square feet in size
with a word legend identifying the facility as a
licensed child care facility and that is posted on the
property of the child care facility in a conspicuous
place where the sign is reasonably visible to the
public.
(d) Except as authorized by this chapter, it
is unlawful for any person to sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or
deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a public or private
college, university, or other postsecondary educational
institution. Any person who violates this paragraph with
respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as
lawfully sold, manufactured, or delivered, must be
sentenced to pay a $500 fine and to serve 100 hours of
public service in addition to any other penalty
prescribed by law.
(e) Except as authorized by this chapter, it
is unlawful for any person to sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or
deliver, a controlled substance not authorized by law
in, on, or within 1,000 feet of a physical place for
worship at which a church or religious organization
regularly conducts religious services or within 1,000
feet of a convenience business as defined in s. 812.171.
Any person who violates this paragraph with respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as
lawfully sold, manufactured, or delivered, must be
sentenced to pay a $500 fine and to serve 100 hours of
public service in addition to any other penalty
prescribed by law.
(f) Except as authorized by this chapter, it
is unlawful for any person to sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or
deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a public housing
facility at any time. For purposes of this section, the
term "real property comprising a public housing
facility" means real property, as defined in s.
421.03(12), of a public corporation created as a housing
authority pursuant to part I of chapter 421. Any person
who violates this paragraph with respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as
lawfully sold, manufactured, or delivered, must be
sentenced to pay a $500 fine and to serve 100 hours of
public service in addition to any other penalty
prescribed by law.
(2)(a) Except as authorized by this chapter
and chapter 499, it is unlawful for any person to
purchase, or possess with intent to purchase, a
controlled substance. Any person who violates this
provision with respect to:
1. A controlled substance named or described
in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
2. A controlled substance named or described
in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3.,
(2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3),
or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. A controlled substance named or described
in s. 893.03(5) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
(b) Except as provided in this chapter, it
is unlawful to purchase in excess of 10 grams of any
substance named or described in s. 893.03(1)(a) or
(1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates
this paragraph commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(3) Any person who delivers, without
consideration, not more than 20 grams of cannabis, as
defined in this chapter, commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083. For the purposes of this paragraph, "cannabis"
does not include the resin extracted from the plants of
the genus Cannabis or any compound manufacture, salt,
derivative, mixture, or preparation of such resin.
(4) Except as authorized by this chapter, it
is unlawful for any person 18 years of age or older to
deliver any controlled substance to a person under the
age of 18 years, or to use or hire a person under the
age of 18 years as an agent or employee in the sale or
delivery of such a substance, or to use such person to
assist in avoiding detection or apprehension for a
violation of this chapter. Any person who violates this
provision with respect to:
(a) A controlled substance named or
described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4., commits a felony of the first
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) A controlled substance named or
described in s. 893.03(1)(c), (2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Imposition of sentence may not be suspended or
deferred, nor shall the person so convicted be placed on
probation.
(5) It is unlawful for any person to bring
into this state any controlled substance unless the
possession of such controlled substance is authorized by
this chapter or unless such person is licensed to do so
by the appropriate federal agency. Any person who
violates this provision with respect to:
(a) A controlled substance named or
described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4., commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) A controlled substance named or
described in s. 893.03(1)(c), (2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) A controlled substance named or
described in s. 893.03(5) commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
(6)(a) It is unlawful for any person to be
in actual or constructive possession of a controlled
substance unless such controlled substance was lawfully
obtained from a practitioner or pursuant to a valid
prescription or order of a practitioner while acting in
the course of his or her professional practice or to be
in actual or constructive possession of a controlled
substance except as otherwise authorized by this
chapter. Any person who violates this provision commits
a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is the possession of not
more than 20 grams of cannabis, as defined in this
chapter, the person commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083. For the purposes of this subsection, "cannabis"
does not include the resin extracted from the plants of
the genus Cannabis, or any compound manufacture, salt,
derivative, mixture, or preparation of such resin.
(c) Except as provided in this chapter, it
is unlawful to possess in excess of 10 grams of any
substance named or described in s. 893.03(1)(a) or
(1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates
this paragraph commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(d) Notwithstanding any provision to the
contrary of the laws of this state relating to arrest, a
law enforcement officer may arrest without warrant any
person who the officer has probable cause to believe is
violating the provisions of this chapter relating to
possession of cannabis.
(7)(a) It is unlawful for any person:
1. To distribute or dispense a controlled
substance in violation of this chapter.
2. To refuse or fail to make, keep, or
furnish any record, notification, order form, statement,
invoice, or information required under this chapter.
3. To refuse an entry into any premises for
any inspection or to refuse to allow any inspection
authorized by this chapter.
4. To distribute a controlled substance
named or described in s. 893.03(1) or (2) except
pursuant to an order form as required by s. 893.06.
5. To keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft,
or other structure or place which is resorted to by
persons using controlled substances in violation of this
chapter for the purpose of using these substances, or
which is used for keeping or selling them in violation
of this chapter.
6. To use to his or her own personal
advantage, or to reveal, any information obtained in
enforcement of this chapter except in a prosecution or
administrative hearing for a violation of this chapter.
7. To possess a prescription form which has
not been completed and signed by the practitioner whose
name appears printed thereon, unless the person is that
practitioner, is an agent or employee of that
practitioner, is a pharmacist, or is a supplier of
prescription forms who is authorized by that
practitioner to possess those forms.
8. To withhold information from a
practitioner from whom the person seeks to obtain a
controlled substance or a prescription for a controlled
substance that the person making the request has
received a controlled substance or a prescription for a
controlled substance of like therapeutic use from
another practitioner within the previous 30 days.
9. To acquire or obtain, or attempt to
acquire or obtain, possession of a controlled substance
by misrepresentation, fraud, forgery, deception, or
subterfuge.
10. To affix any false or forged label to a
package or receptacle containing a controlled
substance.
11. To furnish false or fraudulent material
information in, or omit any material information from,
any report or other document required to be kept or
filed under this chapter or any record required to be
kept by this chapter.
(b) Any person who violates the provisions
of subparagraphs (a)1.-7. commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083; except that, upon a second or subsequent
violation, the person commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) Any person who violates the provisions
of subparagraphs (a)8.-11. commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(8)(a) Notwithstanding subsection (9), a
prescribing practitioner may not:
1. Knowingly assist a patient, other person,
or the owner of an animal in obtaining a controlled
substance through deceptive, untrue, or fraudulent
representations in or related to the practice of the
prescribing practitioner's professional practice;
2. Employ a trick or scheme in the practice
of the prescribing practitioner's professional practice
to assist a patient, other person, or the owner of an
animal in obtaining a controlled substance;
3. Knowingly write a prescription for a
controlled substance for a fictitious person; or
4. Write a prescription for a controlled
substance for a patient, other person, or an animal if
the sole purpose of writing such prescription is to
provide a monetary benefit to, or obtain a monetary
benefit for, the prescribing practitioner.
(b) If the prescribing practitioner wrote a
prescription or multiple prescriptions for a controlled
substance for the patient, other person, or animal for
which there was no medical necessity, or which was in
excess of what was medically necessary to treat the
patient, other person, or animal, that fact does not
give rise to any presumption that the prescribing
practitioner violated subparagraph (a)1., but may be
considered with other competent evidence in determining
whether the prescribing practitioner knowingly assisted
a patient, other person, or the owner of an animal to
obtain a controlled substance in violation of
subparagraph (a)1.
(c) A person who violates paragraph (a)
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(d) Notwithstanding paragraph (c), if a
prescribing practitioner has violated paragraph (a) and
received $1,000 or more in payment for writing one or
more prescriptions or, in the case of a prescription
written for a controlled substance described in s.
893.135, has written one or more prescriptions for a
quantity of a controlled substance which, individually
or in the aggregate, meets the threshold for the offense
of trafficking in a controlled substance under s.
893.15, the violation is reclassified as a felony of the
second degree and ranked in level 4 of the Criminal
Punishment Code.
(9) The provisions of subsections (1)-(8)
are not applicable to the delivery to, or actual or
constructive possession for medical or scientific use or
purpose only of controlled substances by, persons
included in any of the following classes, or the agents
or employees of such persons, for use in the usual
course of their business or profession or in the
performance of their official duties:
(a) Pharmacists.
(b) Practitioners.
(c) Persons who procure controlled
substances in good faith and in the course of
professional practice only, by or under the supervision
of pharmacists or practitioners employed by them, or for
the purpose of lawful research, teaching, or testing,
and not for resale.
(d) Hospitals that procure controlled
substances for lawful administration by practitioners,
but only for use by or in the particular hospital.
(e) Officers or employees of state, federal,
or local governments acting in their official capacity
only, or informers acting under their jurisdiction.
(f) Common carriers.
(g) Manufacturers, wholesalers, and
distributors.
(h) Law enforcement officers for bona fide
law enforcement purposes in the course of an active
criminal investigation.
(10) Notwithstanding any provision of the
sentencing guidelines or the Criminal Punishment Code to
the contrary, on or after October 1, 1993, any defendant
who:
(a) Violates subparagraph (1)(a)1.,
subparagraph (1)(c)2., subparagraph (1)(d)2.,
subparagraph (2)(a)1., or paragraph (5)(a); and
(b) Has not previously been convicted,
regardless of whether adjudication was withheld, of any
felony, other than a violation of subparagraph (1)(a)1.,
subparagraph (1)(c)2., subparagraph (1)(d)2.,
subparagraph (2)(a)1., or paragraph (5)(a),
may be required by the court to successfully
complete a term of probation pursuant to the terms and
conditions set forth in s. 948.034(1), in lieu of
serving a term of imprisonment.
(11) Notwithstanding any provision of the
sentencing guidelines or the Criminal Punishment Code to
the contrary, on or after January 1, 1994, any defendant
who:
(a) Violates subparagraph (1)(a)2.,
subparagraph (2)(a)2., paragraph (5)(b), or paragraph
(6)(a); and
(b) Has not previously been convicted,
regardless of whether adjudication was withheld, of any
felony, other than a violation of subparagraph (1)(a)2.,
subparagraph (2)(a)2., paragraph (5)(b), or paragraph
(6)(a),
may be required by the court to successfully
complete a term of probation pursuant to the terms and
conditions set forth in s. 948.034(2), in lieu of
serving a term of imprisonment.
History.--s. 13, ch. 73-331; s. 1, ch. 76-200; s.
1, ch. 77-174; s. 2, ch. 79-1; s. 3, ch. 79-325; s. 5,
ch. 80-30; s. 2, ch. 80-70; s. 490, ch. 81-259; s. 2, ch.
82-16; s. 52, ch. 83-215; s. 1, ch. 84-77; s. 5, ch.
85-242; s. 4, ch. 87-243; s. 2, ch. 88-381; s. 4, ch.
89-281; s. 1, ch. 89-524; ss. 1, 6, ch. 90-111; s. 1, ch.
93-59; s. 2, ch. 93-92; s. 1, ch. 93-194; ss. 22, 23, ch.
93-406; s. 2, ch. 96-360; s. 2, ch. 97-1; s. 1, ch.
97-43; s. 1827, ch. 97-102; s. 22, ch. 97-194; s. 106,
ch. 97-264; s. 1, ch. 97-269; s. 47, ch. 97-271; s. 1,
ch. 98-22; s. 1, ch. 99-154; s. 14, ch. 99-186; s. 3, ch.
2000-320; s. 11, ch. 2002-78; s. 2, ch. 2002-81; s. 3,
ch. 2003-10; s. 1, ch. 2003-95.
The material on this page represents general legal
advice. Since the law is continually changing, some of
the provisions contained here may be out of date. It is
always best to consult a criminal defense attorney about
your legal rights and responsibilities regarding your
particular case.
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David T. Seif represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera BeachBroward County - Miami-Dade County - Palm Beach County