Drug Charges :: Cases including trafficking, possession, sale,
use, and manufacture of drugs
Being charged with any sort of drug crime in the state of Florida
can lead to very serious charges. Drug offenses can have an
impact on many aspects of your life including your driving
privileges and future employment opportunities in addition to the
mark from the drug charges. Michael Mirer has handled all
types of drug charges including trafficking, possession,
manufacture, distribution, and more.
If you or someone you know has been charged with any sort of
drug crime in the state of Florida contact Miami drug defense
attorney Michael Mirer today at 1-866-9-DEFEND.
Florida Drug Laws by Statute
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.
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