Overview of Florida’s Drug Laws
Florida Statute § 893.13 is the state’s primary drug offense statute. It is a comprehensive law that covers possession, sale, purchase, manufacture, and delivery of controlled substances. The severity of penalties depends on the type of substance (determined by its “schedule”), the quantity, and whether the conduct involves personal possession or distribution.
Florida’s controlled substance schedules (§ 893.03) classify drugs from Schedule I (highest potential for abuse, no accepted medical use) through Schedule V (lowest potential for abuse). Common Schedule I substances include heroin and MDMA. Schedule II includes cocaine, fentanyl, and methamphetamine. Marijuana is Schedule I under Florida law, though penalties differ from other Schedule I substances.
Elements of the Offense
Possession (§ 893.13(6))
The State must prove:
- The defendant possessed a certain substance.
- The substance was a controlled substance as defined in § 893.03.
- The defendant knew of the presence of the substance.
Possession can be “actual” (on the person) or “constructive” (not on the person but in a place over which the defendant had control and knowledge). For constructive possession, the State must prove the defendant knew of the substance’s presence and had the ability to exercise dominion and control over it.
Sale, Delivery, or Manufacture (§ 893.13(1))
The State must prove the defendant sold, manufactured, delivered, or possessed with intent to sell, manufacture, or deliver a controlled substance.
Penalties by Degree
Possession Offenses
- Marijuana under 20 grams: First-degree misdemeanor — up to 1 year in jail, $1,000 fine
- Marijuana 20 grams or more: Third-degree felony — up to 5 years prison, $5,000 fine
- Other controlled substances (Schedule I-IV): Third-degree felony — up to 5 years prison, $5,000 fine
- Schedule V substances: First-degree misdemeanor
Sale/Delivery Offenses
- Sale of Schedule I or II substance: Second-degree felony — up to 15 years prison, $10,000 fine
- Sale of Schedule III or IV substance: Third-degree felony — up to 5 years prison, $5,000 fine
- Sale within 1,000 feet of school, church, park, or public housing: First-degree felony — up to 30 years prison
- Sale to a minor: Enhanced penalties, one degree higher than the base offense
Drug Trafficking (§ 893.135)
When the quantity of a controlled substance exceeds a certain threshold, the charge becomes drug trafficking under a separate statute (§ 893.135). Trafficking carries mandatory minimum prison sentences. For example, trafficking in 28 grams or more of cocaine carries a mandatory minimum 3-year prison sentence and $50,000 fine.
Pre-Trial Diversion and Drug Courts
Florida’s Drug Court program (§ 397.334) allows eligible defendants to participate in judicially supervised treatment programs as an alternative to incarceration. Successful completion can result in charges being dismissed or reduced. Many counties also operate pre-trial diversion programs for first-time, non-violent drug offenders. Our data tracks pre-trial diversion rates, which vary significantly by county.
Defenses to Drug Charges
Common defenses include unlawful search and seizure (Fourth Amendment violations), lack of knowledge, temporary or transient possession, prescription defense (for substances the defendant was legally prescribed), and entrapment. Constructive possession cases often hinge on whether the State can prove knowledge and control.
How Our Data Relates
Drug possession is one of the highest-volume charge categories in our database. The data reveals dramatic variation in how Florida counties handle drug cases. Some counties have robust diversion programs with high diversion rates, while others prosecute more traditionally. Dismissal rates for drug possession also vary widely, reflecting differences in prosecutorial priorities and the availability of drug court programs.