In Florida there is a wide array of drug offenses that fall under Chapter 893 of the Florida Statutes. The main five areas are as follows:

  1. Possession of an illicit substance. This is a felony and a person can be charged with this under theories of actual and constructive possession. In most circumstances this is a third degree felony punishable by five years in prison;
  2. Sale of an illicit substance. This is where one actually sells or delivers the substance with the intent to do so. Evidence used to prove this are how the drugs are packaged and/or concealed, paraphernalia found in proximity with the illegal substance. This paraphernalia includes, baggies, scales, money and many other items that are usually found with particular substances;
  3. Manufacturing the illicit substance. This is where in individual actually creates or cultivates the substance. An example of this is a grow house operation for marijuana or a meth lab for methamphetamine;
  4. Trafficking in a certain substance. These are larger operations where an individual is found with a large quantity of narcotics. When it comes to trafficking, there are certain minimum mandatory sentences that come into play that vary in terms of years on the weight of the substance and the type of illicit substance; and
  5. Paraphernalia; this is any piece of equipment or device or material that is designed for the cultivations, ingestions, inhalation, storage, sale, production, compounding, planting, propagation, concealment or transportation of an illegal substance.

What Are You Charged With?

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Florida StatuteFelony DegreeDescription

LEVEL 1

831.31(1)(a)
3rd
Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
893.13(2)(a)2.
3rd
Purchase of cannabis.
893.13(6)(a)
3rd
Possession of cannabis (more than 20 grams).

LEVEL 2

893.13(2)(a)2.
3rd
Purchase of any 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) drugs other than cannabis.
893.147(2)
3rd
Manufacture or delivery of drug paraphernalia.

LEVEL 3

893.13(1)(a)2.
3rd
Sell, manufacture, or deliver cannabis (or other 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) drugs).
893.13(1)(d)2.
2nd
Sell, manufacture, or deliver 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) drugs within 200 feet of university or public park.
893.13(1)(f)2.
2nd
Sell, manufacture, or deliver 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) drugs within 200 feet of public housing facility.
893.13(6)(a)
3rd
Possession of any controlled substance other than felony possession of cannabis.
893.13(7)(a)9.
3rd
Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)10.
3rd
Affix false or forged label to package of controlled substance.
893.13(7)(a)11.
3rd
Furnish false or fraudulent material information on any document or record required by chapter 893.
893.13(8)(a)1.
3rd
Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
893.13(8)(a)3.
3rd
Knowingly write a prescription for a controlled substance for a fictitious person.
893.13(8)(a)4.
3rd
Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
944.47(1)(a)1.-2.

3rd
Introduce contraband to correctional facility.
944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.

LEVEL 4

817.563(1)
3rd
Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
893.13(2)(a)1.
2nd
Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).

LEVEL 5

893.13(1)(a)1.
2nd
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
893.13(1)(c)2.
2nd
Sell, manufacture, or deliver cannabis (or other 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) drugs) within 1,000 feet of a child care facility or school.
893.13(1)(d)1.
1st
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
893.13(1)(e)2.
2nd
Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
893.13(1)(f)1.
1st
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
893.13(4)(b)
2nd
Deliver to minor cannabis (or other 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) drugs).

LEVEL 7

893.13(1)(c)1.
1st
Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.
893.13(1)(e)1.
1st
Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
893.13(4)(a)
1st
Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
893.135(1)(a)1.
1st
Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
893.135(1)(b)1.a.
1st
Trafficking in cocaine, more than 28 grams, less than 200 grams.
893.135(1)(c)1.a.
1st
Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
893.135(1)(d)1.
1st
Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
893.135(1)(e)1.
1st
Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
893.135(1)(f)1.
1st
Trafficking in amphetamine, more than 14 grams, less than 28 grams.
893.135(1)(g)1.a.
1st
Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
893.135(1)(h)1.a.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
893.135(1)(j)1.a.
1st
Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
893.135(1)(k)2.a.
1st
Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

LEVEL 8

893.13(1)(b)
1st
Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(2)(b)
1st
Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(6)(c)
1st
Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2.
1st
Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
893.135(1)(b)1.b.
1st
Trafficking in cocaine, more than 200 grams, less than 400 grams.
893.135(1)(c)1.b.
1st
Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
893.135(1)(d)1.b.
1st
Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
893.135(1)(e)1.b.
1st
Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
893.135(1)(f)1.b.
1st
Trafficking in amphetamine, more than 28 grams, less than 200 grams.
893.135(1)(g)1.b.
1st
Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
893.135(1)(h)1.b.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
893.135(1)(j)1.b.
1st
Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
893.135(1)(k)2.b.
1st
Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.

LEVEL 9

893.135
1st
Attempted capital trafficking offense.
893.135(1)(a)3.
1st
Trafficking in cannabis, more than 10,000 lbs.
893.135(1)(b)1.c.
1st
Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
893.135(1)(c)1.c.
1st
Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
893.135(1)(d)1.c.
1st
Trafficking in phencyclidine, more than 400 grams.
893.135(1)(e)1.c.
1st
Trafficking in methaqualone, more than 25 kilograms.
893.135(1)(f)1.c.
1st
Trafficking in amphetamine, more than 200 grams.
893.135(1)(h)1.c.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
893.135(1)(j)1.c.
1st
Trafficking in 1,4-Butanediol, 10 kilograms or more.
893.135(1)(k)2.c.
1st
Trafficking in Phenethylamines, 400 grams or more.