CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...ed] cocaine or a mixture containing cocaine.] Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. 893.02(12)(a) "Manufacture" means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver F.S. 893.02(5) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly....
...Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. *1218 It can also be by a combination of extraction and chemical synthesis. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...charged Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...The substance was (specific substance alleged). 3. When the delivery was made (Defendant) was over eighteen years old of age or older at the time. and (person alleged) was under eighteen years old. Definitions F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...ool. Definitions: give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. *1223 Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver F.S. "Deliver" or "delivery" means the actual, 893.02(4)(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
...Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture F.S. "Manufacture" means the production, preparation, 893.02(11)(12)(a) packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver "Deliver" or "delivery" means the actual, F.S. 893.02(5) constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
CopyCited 67 times | Published | Supreme Court of Florida | 2007 WL 3101743
...(Defendant) had knowledge of the presence of the substance. Definitions. Give as applicable. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture . § 893.02(1 2 3) (a), Fla....
...ntrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver . § 893.02(5), Fla....
...(Defendant) had knowledge of the presence of the substance. Definitions. Give as applicable. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver . § 893.02(5), Fla....
...[(Defendant) used a person under the age of 18 years to assist in avoiding detection or apprehension for (violation of chapter 893, Fla. Stat., alleged).] 2. The substance was (specific substance alleged). 3. (Defendant) was 18 years of age or older at the time. Definition . Deliver. § 893.02(5), Fla....
...(Defendant) had knowledge of the presence of the substance. Definitions ÷ . g G ive as applicable . Sell. "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture. § 893.02(13)(a), Fla....
...ontrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver. § 893.02(5), Fla....
...(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in §
893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.] Definitions. Give as applicable. Cannabis. §
893.02(3), Fla....
..."Cannabis" means all parts of any plant of the genus Cannabis whether growing or not. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture . § 893.02(1 2 3 )(a), Fla....
...ntrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver . § 893.02(5), Fla....
...cocaine or a mixture containing cocaine.] Definitions. Give as applicable. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture . § 893.02(1 2 3) (a), Fla....
...ntrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver . § 893.02(5), Fla....
...aining (specific substance alleged).] *266 Definitions. Give as applicable. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture . § 893.02(1 2 3) (a), Fla....
...ntrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver . § 893.02(5), Fla....
...ne or a mixture containing phencyclidine.] Definitions. Give as applicable. Sell . "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture . § 893.02(1 2 3) (a), Fla....
...ntrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver . § 893.02(5), Fla.Stat....
...alone or a mixture containing methaqualone.] Definitions. Give as applicable. Sell. "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Manufacture. § 893.02(13)(a), Fla....
...ontrolled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Deliver. § 893.02(5), Fla....
...If a person has exclusive possession of a thing paraphernalia, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a thing paraphernalia, knowledge of its presence may not be inferred or assumed. Deliver. Give if delivery is charged . § 893.02 (4) (5) , Fla.Stat. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance paraphernalia, whether or not there is an agency relationship. Manufacture. Give if manufacture is charged . § 893.02(1 1 3) (a), Fla.Stat....
...ontain, conceal, inject, ingest, inhale or otherwise introduce into the human body (specific substance alleged). 3. When the delivery was made, (defendant) was 18 years old or over and (person alleged) was under 18 years old. Definitions . Deliver . § 893.02 (4) (5) , Fla....
CopyCited 45 times | Published | Florida 4th District Court of Appeal
...led 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 professional practice... ." Cannabis is a controlled substance. Section
893.02(3) and Section
893.03(1)(c), Florida Statutes 1973....
CopyCited 37 times | Published | Supreme Court of Florida | 1993 WL 241021
...Powder form cocaine and "crack" form cocaine are separate and distinct chemical structures. Powder form cocaine is represented chemically as C[17] H[21] NO[4] HC[1]. "Crack" cocaine is represented chemically as C[17] H[21] NO[4]. 12. B.S.O. Chemist, Randy Hilliard is not a "pharmacist" as defined in Chapter 893.02(14), Florida Statutes (1989). 13. B.S.O. Chemist, Randy Hilliard is not a "practitioner" as defined in Chapter 893.02(16), Florida Statutes (1989)....
...*466 pushing in opposite directions." Rochin,
342 U.S. at 171,
72 S.Ct. at 209. Applying these principles to the facts of the instant case, we find that the law enforcement's conduct here was so outrageous as to violate Florida's due process clause. Section
893.02(12)(a), Florida Statutes (1989), defines "manufacture" as: the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance either directly or indirectly, by extraction fr...
CopyCited 30 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 248
...s which are hereby declared to be contraband for the purposes of this section, to wit: ..... 4. Any narcotic, hypnotic, or excitative drug or any drug of whatever kind or nature including, but not limited to, ... a controlled substance as defined in s. 893.02(3)....
...hile upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. Section 893.02(3), Florida Statutes (1983), lists cannabis as a controlled substance....
...instructed upon was actually a permissive lesser included offense. Section
944.47, Florida Statutes (1983), prohibits both the introduction and possession of contraband upon the grounds of a state correctional facility. Cannabis is contraband under section
893.02(3), Florida Statutes (1983)....
CopyCited 26 times | Published | Supreme Court of Florida
...da law. If he determines that it does ... then he must instruct the jury on the subject of such attempt, and the jury may find guilt accordingly. In this situation it is immaterial whether the accusatory pleading specifically charges an attempt... . Section 893.02(4), Florida Statutes (1975), defines "deliver" or "delivery" as "the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship." (Emphasis added.) B...
CopyCited 20 times | Published | Florida 2nd District Court of Appeal
...Appellant's second point attacks the propriety of the ruling of the trial court granting the state's pretrial motion to exclude the testimony of appellant's expert witnesses attempting to establish that Cannabis Sativa L, as defined in Chapter 404, Florida Statutes, (now Section 893.02, Florida Statutes) is not inclusive of all types or forms of the plant, Cannabis, namely Cannabis Indica and Cannabis Ruderalis....
CopyCited 20 times | Published | Supreme Court of Florida
...By virtue of its classification, sale or delivery of methaqualone is a felony. Section
893.13(2)(a)1. makes it unlawful for any person to "distribute or dispense" a controlled substance and section
893.13(2)(b) makes this offense a misdemeanor. The definitions in section
893.02 provide the following guidance: (4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
CopyCited 18 times | Published | Florida 4th District Court of Appeal
...ubstance 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 professional practice... ." Phenobarbital is a controlled substance. Section
893.02(3) and Section
893.03(4), Florida Statutes 1973....
CopyCited 17 times | Published | Supreme Court of Florida
...cannabis and non-prohibited "mature [plant] stalks" weighed 7.05 grams, and that it was petitioner's burden to prove that the prohibited matter in the mixture weighed five grams or less. This conflict of decisions gives rise to our jurisdiction. [4] Section 893.02(2), Florida Statutes (1975), defines "cannabis" to exclude "the mature stalks of the plant"....
...At trial the state proved that he possessed a quantity of cannabis weighing 7.05 grams. The state's expert witness testified that although this weight included pieces of stems, he did not consider stems to be "mature stalks" within the exclusion of Section 893.02(2)....
...e meaning of Section
893.10(1). The second is whether the state or a defendant has the burden of establishing the quantity of prohibited matter where it is mixed with non-prohibited matter. The third is whether stems are stalks within the purview of Section
893.02(2)....
...It seems apparent that the exemptions and exceptions mentioned in Section
893.10(1) have reference to these various provisions of the law, which are in the nature of affirmative defenses to a prosecution for possession of a prohibited substance. [9] The crucial difference between an
893.02(2) exclusion and
893.10(1) exemption (or exception) is that one who claims the benefits of the latter in effect admits possession of the contraband but claims that his possession was expressly authorized by law....
...In other words, Section
893.10(1) provides an excuse for what would otherwise be criminal conduct, and *449 the burden of establishing that excuse properly rests as a matter of defense on the individual claiming it since there is nothing to excuse until the state has proven the elements of a crime. Section
893.02(2), however, simply tests whether particular conduct is in fact criminal....
...hat the amount in his possession exceeded five grams by weight. Absent that showing, the accused is entitled to acquittal without the necessity of offering any defense whatsoever. [10] The parts of the cannabis plant listed in the second sentence of Section 893.02(2), which include "the mature stalks of the plant", are by definition not prohibited substances....
...ecially in the decision below.
342 So.2d at 561. [6]
342 So.2d at 561. [7] See also State v. Kahler,
232 So.2d 166 (Fla. 1970), distinguishing between a defendant's proof of an exception and the state's burden of proving all elements of a crime. [8] §
893.02(3), Fla....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 1992 WL 619
...We hold that the use by the police of such reconstituted "crack" infringed on the appellant's right to due process of law. In other words, the police agencies cannot themselves do an illegal act, albeit their intended goal may be legal and desirable. Manufacture is defined in section 893.02(12)(a), Florida Statutes (1989), as: The production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance either directly or indirectly, by extraction from substances of natur...
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1591
...Of course, they could have been charged with attempted trafficking by attempted possession in violation of section
893.135(1)(a) and
777.04(1), Florida Statutes (1983). See Gonzalez v. State,
465 So.2d 613 (Fla. 3d DCA 1985); State v. Wise,
464 So.2d 1245 (Fla. 1st DCA 1985). [2] The definition of delivery contained in section
893.02(4), Florida Statutes (1983) is as follows: (4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...bstance as proscribed by Chapter 893, F.S. 1973, known as The Florida Comprehensive Drug Abuse Prevention and Control Act. We grant the writ. Defendant-respondent is a doctor licensed in Florida. As such, he is a "practitioner" within the purview of § 893.02, F.S....
...in the course of his professional practice." (Italics ours.) We determined in a prior appeal, [1] one taken by the state from an order dismissing the charges herein, that such non-exempt prescribing of the drug constitutes a "delivery" as defined in § 893.02 (4), F.S....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...§
893.13(1)(a), F.S.A., states in part: "Except as authorized by this chapter and chapter 500, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance... ." At the outset, a physician is among those defined as a practitioner under Section
893.02, and Section
893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice *507 only, may prescribe, administer, dispense, mix or otherwise prepare a controlled substance, ..." Obviously, a doct...
...that the drug was delivered by use of a written order "not issued in good faith and in the course of his professional practice." Hence, the issue in this case centers upon the question of what constitutes a delivery. The word delivery is defined in § 893.02(4) as follows: "`Deliver' or `delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship." The appellee successfully contended below t...
CopyCited 10 times | Published | Supreme Court of Florida
...s unable to prove that the cannabis seized in this case is this species and not one of several separate species of cannabis. We have previously rejected this argument in our recent decision of Hamilton v. State,
366 So.2d 8 (Fla. 1978). We hold that section
893.02(2), Florida Statutes (1977), defining "cannabis" as the species cannabis sativa, L., and "all varieties thereof" includes all species of the cannabis plant....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Purifoy v. State,
359 So.2d 446 (Fla. 1978). We reach this conclusion after examination of the numerous cases cited by appellant, [1] but note, in passing, that these cases were decided under the old definition of cannabis, which has been amended, Section
893.02(2), Florida Statutes (1979), and now reads: "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin....
CopyCited 9 times | Published | Supreme Court of Florida | 2015 WL 9258263
...(2) “Department” means the Department of Health or its successor agency. (3) “Identification card” means a document issued by the Department that identifies a qualifying patient or a caregiver. (4) “Marijuana” has the meaning given cannabis in Section
893.02(3), Florida Statutes (2014), and, in addition, “Low-THC cannabis” as defined in Section
381.986(l)(b), Florida Statutes (2014), shall also be included in the meaning of the term “marijuana.” (5) “Medical Marijuana Treatment C...
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1990 WL 37488
...nstructive possession.] (2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. [This is also the statutory definition in section 893.02(5), Florida Statutes.] (3) "Sell" means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1989 WL 17233
...ed substances in violation of section
893.13(1)(b), Florida Statutes (1987), defines "sell" as "to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value." According to section
893.02(5), "`deliver' or `delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance." In this instance, the sale of cocaine offense involved an exchange of the cocaine for money....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1442
...Cannabis is statutorily defined as follows: "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. § 893.02(2), Fla....
CopyCited 8 times | Published | Supreme Court of Florida
...e type of conduct which is proscribed. Questions answered. OVERTON, C.J., and ROBERTS, ENGLAND and HATCHETT, JJ., concur. ADKINS and BOYD, JJ., dissent. NOTES [*] It should be noted that the statute further defines the applicable class of persons in §
893.02(14), Fla. Stat. (1975). "Practitioner," as used in §
893.05(1), supra, is defined by §
893.02(14) as: "a physician licensed pursuant to chapter 458 ......
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Summerville,
477 F.2d 393 (5th Cir.1973). The court granted the State's motion to exclude the defendants' expert testimony concerning the polytypic nature of cannabis. The court did not err in refusing to permit the defendants to adduce evidence that there were three species of cannabis. Section
893.02(2), Florida Statutes, does not limit itself to cannabis sativa L....
...The evidence adduced by the State was sufficient to prove that the defendants possessed more than five grams of illegal marijuana. One exhibit contained 2,327 grams, and the other exhibit contained 1,968 grams. Although these were gross weights, before removing the mature stalks required by Section 893.02(2), Florida Statutes, the amount was so great that it would be impossible to arrive at any conclusion other than the illegal marijuana exceeded five grams....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713539
...ugs that are "required by federal or state law to be dispensed only on a prescription." Section
893.04(1) states that a pharmacist may dispense a "controlled substance" only "upon a written or oral prescription." A controlled substance is defined in section
893.02(4) as "any substance named or described in Schedules I-V of s....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2216
...d not cannabis in a specific amount, the evidence at trial revealed as here that there was less than 20 grams of cannabis seized. The Florida Supreme Court, in reversing the opinion of the district court, reasoned: Cannabis is contraband under section 893.02(3), Florida Statutes (1983)....
...
509 So.2d at 262 (e.s.). We can see no distinction between Wilcott and the facts in this case. The appellant was charged with unlawful possession of a contraband article upon the grounds of a county detention facility, to wit: a controlled substance as defined in Section
893.02(3)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...eds and mature stalks. After this laboratory report was given to the defense in pretrial discovery, the Florida Supreme Court decided in Purifoy v. State,
359 So.2d 446 (Fla. 1978), that stems like stalks must be excluded in weighing marijuana under Section
893.02(2), Florida Statutes (1975)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Department of Professional and Occupational Regulation, State Board of Medical Examiners,
348 So.2d 923 (Fla. 1st DCA 1977). A podiatrist is one of six categories of licensed professionals allowed to prescribe, administer, and dispense controlled substances by the State of Florida. Section
893.02(14), Florida Statutes (1981)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1988 WL 12537
...nd appellant at the door, entered and arrested the remaining subjects, including appellant. Trafficking in cocaine by delivery occurs when there is an actual, constructive or attempted transfer of the controlled substance from one person to another. § 893.02(5), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 544234
...) Was used to facilitate the commission or attempted commission of an act of prostitution, assignation or lewdness as defined in Florida Statute section
796.07 (1995); or (2) Unlawfully contains any controlled substance as defined in Florida Statute section
893.02 (1995); or (3) Was used, intended or attempted to be used, to facilitate the commission of any violation of Florida Statutes chapter 893....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
"Controlled substance" is separately defined by §
893.02(4), by reference to schedules provided in § 893
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...State,
289 So.2d 48 (Fla.3d DCA 1974); Williams v. State,
280 So.2d 518 (Fla.3d DCA 1973). Possession of resin of cannabis is the same as possession of cannabis because cannabis is defined as including the resin extracted from any part of the plant. §
893.02(2), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 2014 WL 289984
...Department that identifies a person who has a physician certification
or a personal caregiver who is at least twenty-one (21) years old and
has agreed to assist with a qualifying patient’s medical use of
marijuana.
(4) “Marijuana” has the meaning given cannabis in Section
893.02(3), Florida Statutes (2013).
(5) “Medical Marijuana Treatment Center” means an entity
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or
oin...
CopyCited 3 times | Published | District Court, M.D. Florida | 2017 U.S. Dist. LEXIS 20676, 2017 WL 600094
...Graddy does argue, however, that she - did not violate section
893.04(f)—the Florida statute prohibiting pharmacists from dispensing forged prescriptions—because she did not "dispense” the medication as that term is defined in the statute. See §
893.02(7), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...ed to call as an expert witness one Dr. Monroe Birdsey, a professor of biology, who would testify that in addition to cannabis *520 sativa L, there exists other varieties such as cannabis indica or cannabis ruderalis. The trial judge determined that § 893.02(2), Fla. Stat. which defines cannabis did not specifically except cannabis indica, cannabis ruderalis or the like and, therefore, granted the above motion of the state. After a careful reading of § 893.02(2), [1] we conclude that the statute does not limit itself to cannabis sativa L; but, to the contrary, refers to any other species or varieties of cannabis....
...we find the trial judge did not commit reversible error in excluding testimony of the polytypic nature of cannabis. Cf. Grissom v. State, Fla.App. 1970,
237 So.2d 57. For the reasons cited thereinabove, the judgment is affirmed. Affirmed. NOTES [1] "
893.02 Definitions The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: * * * * * "(2) `Cannabis' means all parts of the plant of the species Cannabis sativa, L., including...
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...onment. In the face of the disparate sentences that appellant could have received depending upon the proof of weight, the state, at trial, argued that to require a chemist to scientifically examine more than a random sample was a near impossibility. Section 893.02(2), Florida Statutes, defines "cannabis" as: "(2) `Cannabis' means all parts of the plant of the species cannabis sativa [L], including all varieties thereof, whether growing or not; the seeds thereof; the resin extracted from any part...
...of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the *1130 sterilized seeds of the plant which is incapable of germination." Section 893.02(2) proscribes cannabis indica, cannabis ruderalis, as well as cannabis sativa L....
...Stat., to show that the 7.05 grams of cannabis he was charged with possessing did not weigh more than five grams, after excluding those portions of the plant cannabis sativa specifically excluded from the criminal definition of "cannabis" contained in Sec. 893.02(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 111579
...cause remanded with directions that *263 the trial court grant that motion and dismiss the information and dismiss the cause and discharge the defendant as to this charge. [13] REVERSED and REMANDED. GOSHORN, C.J., and DAUKSCH, J., concur. NOTES [1] Section 893.02(4), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Brown v. State, supra; Fla.R.Crim.P. 3.510. But, "If a crime is itself an attempt to do an act or accomplish a result, there can be no attempt to commit that crime." King v. State,
317 So.2d 852 (Fla.1st DCA 1975), affirmed
339 So.2d 172 (Fla. 1976). Section
893.02(4), Florida Statutes (1975) provides that: "`Deliver' or `delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is any agency relationship." Attempted...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 WL 51696, 2014 Fla. App. LEXIS 155
...(2009), and not under section
893.135(l)(c), Florida Statutes (2009), as charged. We find that the trial court erred in granting appellee’s motion to dismiss and conclude that appel-lee is not a practitioner as defined under the plain language of section
893.02(20)....
...893.1[3]5, the violation is reclassified as a felony of the second degree .... The trial court determined that appellee should have been charged under section
893.13(8), instead of section
893.135(l)(c), because the trial court concluded that ap-pellee was a practitioner. However, the relevant statute, section
893.02(20), Florida Statutes (2009), defines “practitioner” as follows: a physician licensed pursuant to chapter 458, a dentist licensed pursuant to chapter 466, a veterinarian licensed pursuant to chapter 474, an osteopathic physician li...
...sed pursuant to chapter 461, provided such practitioner holds a valid federal controlled substance registry number. In appellee’s motion to dismiss, she alleged that she was a licensed medical assistant and nurse. Pursuant to the plain language of section 893.02(20), a medical assistant or nurse is not listed under the definition of practitioner, nor does a medical assistant or nurse fall within the meaning of “practitioner.” Appellee is neither a physician, pursuant to chapter 458, 459 or...
...of one thing implies the exclusion of others. Moonlit Waters Apartments, Inc. v. Cauley,
666 So.2d 898, 900 (Fla.1996). Clearly, had the legislature wanted to include licensed medical assistant or nurse within the definition of “practitioner” in section
893.02(20), it would have done so....
CopyCited 2 times | Published | Supreme Court of Florida | 2002 WL 58552
...WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and LEWIS, JJ., concur. NOTES [1] The nolo contendere pleas were entered reserving the right to appeal the denial of the motion to dismiss. [2] It should be noted that the 2001 Legislature has amended section 893.02, Florida Statutes (2001), to include a definition for mixture. Section 893.02(14) provides: "`Mixture' means any physical combination of two or more substances."
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2012 WL 511303, 2012 Fla. App. LEXIS 2451
...ney or something of value." Fla. Std. Jury Instr. (Crim.) 25.2. [3] "`Deliver' or `delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship." § 893.02(6), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...791.04 provides exemption for numerous types of sales. No procedure, duty or criteria of any kind is specified for determining the existence or validity of a claimed exemption. Other Florida Statutes specifically spell out what is required. See: F.S. 893.02(19) "......
CopyCited 2 times | Published | Supreme Court of Florida | 2012 WL 5869675
...New instruction 3.6(n) instructs a jury that possession of a controlled substance lawfully obtained from a practitioner or pursuant to a valid prescription is a defense to possession or trafficking in a controlled substance. The new instruction includes the definitions contained in section 893.02, Florida Statutes (2012), for the words “practitioner” and “prescription.” We modify the citation to section 893.02 in each definition to indicate that the definition for the word “practitioner” stems from subsection (21) of section 893.02, and the definition for the word “prescription” stems from subsection (22) of section 893.02. We also modify the definition for the word “prescription” contained in new instruction 3.6(n). Consistent with section 893.02(22), we amend the definition of “prescription” to include prescriptions issued by practitioners licensed in a state other than Florida....
...r pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, you should find [him] [her] not guilty of [possession of a controlled substance] [trafficking via possession]. Definitions. § 893.02(21), Fla....
...osteopathic physician licensed pursuant to chapter 459, a naturopath licensed pursuant to chapter 462, or a podiatric physician licensed pursuant to chapter 461, provided such practitioner holds a valid federal controlled substance registry number. § 893.02(22), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 5729766, 2013 Fla. App. LEXIS 16769
...nt II) alone. Reversed and Remanded. GROSS, MAY and FORST, JJ., concur. . "Manufacture” is defined, in relevant part, as "the production, preparation, compounding, cultivating, growing, conversion, or processing of a controlled substance *692 ...."§ 893.02(14)(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...Inference. Give if applicable. §
893.1351(4), Fla. Stat.
You may conclude that cannabis was intended for sale or distribution
upon proof of the possession of 25 or more cannabis plants.
- 18 -
§
893.02(3), Fla....
...or car, trailer, aircraft, or sleeping car.
Insert elements of Trafficking alleged, if applicable.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
§ 893.02(15)(a), Fla....
...Trial judges must review not only the
evidence but also the charging document to determine all of the appropriate lesser-
included offenses.
Comments
It is unlawful to sell or manufacture all of the controlled substances listed in
§893.02, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 200, 1993 Fla. LEXIS 518, 1993 WL 82704
...[2] The ordinance provides as follows: A. It is unlawful for any person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any controlled substance as that term is defined in section 893.02, F.S....
CopyCited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040
...Stat. §
893.101 (2). On its face the statute punishes actual, constructive, and/or attempted delivery without any proof of knowledge — not only of the illicit nature of the substance but, apparently, even of its delivery in fact. See Fla. Stat. §§
893.02 (6),
893.13(l)(a)....
...The bag is then given to another for safekeeping. Caught in the act, the hapless victim is guilty based upon the only two elements of the statute: delivery (actual, constructive, or attempted) and the illicit nature of the substance. See Fla. Stat. §§
893.02 (6),
893.13(l)(a)....
...uilty unless the mind be also guilty.” . "Deliver” or "delivery” is defined as "the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.” Fla. Stat. § 893.02 (6)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1978 Fla. App. LEXIS 17313
pounds of cannabis as that term is defined by Section
893.02(2), Florida Statutes (1977). Purifoy, supra
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
...If the State charges the felony of Delivery
of More Than 20 Grams of Cannabis, the jury must make a finding as to the
weight.
3. or 4. The cannabis weighed more than 20 grams.
Definitions. Give as applicable.
11
Cannabis. § § §
893.02(3);
893.13(3);
893.13(6)(b), Fla....
...Stats.
Cannabis means all parts of any plant of the genus Cannabis, whether
growing or not and the seeds thereof.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...processing of a controlled substance, either directly or indirectly.
Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a
combination of extraction and chemical synthesis.
Deliver. § 893.02(5), Fla....
...(Defendant) had knowledge of the presence of the substance.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Deliver. § 893.02(5), Fla....
...Stat., alleged).]
2. The substance was (specific substance alleged).
3. (Defendant) was 18 years of age or older at the time.
4. (Defendant) had knowledge of the presence of the substance.
Definition.
Deliver. § 893.02(5), Fla....
...(Defendant) had knowledge of the presence of the substance.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...y.
27
Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a combination
of extraction and chemical synthesis.
Deliver. § 893.02(5), Fla....
...substances listed in
893.03(1)(a) or
893.03(1)(b)] [mixture containing (insert name of substance listed in
893.03(1)(a) or
893.03(1)(b)] weighed more than 10 grams.
Definitions.
Give if applicable. Cannabis. § §
893.02(3),
893.13(6)(b) Fla....
...d substance in
§
893.135(1), Fla. Stat.),.
2. The defendant actually [sold] [purchased] [manufactured]
[delivered] [brought into Florida] [possessed] cannabis.
Definitions. Give as applicable.
Cannabis. §
893.02(3), Fla....
...Stat.
“Cannabis” means all parts of any plant of the genus Cannabis whether
growing or not.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...processing of a controlled substance, either directly or indirectly.
Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a
combination of extraction and chemical synthesis.
Deliver. § 893.02(5), Fla....
...containing cocaine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a
combination of extraction and chemical synthesis.
46
Deliver. § 893.02(5), Fla....
...bstance alleged).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...mixture containing phencyclidine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(13)(a), Fla....
...Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a
combination of extraction and chemical synthesis.
59
Deliver. § 893.02(5), Fla....
...mixture containing methaqualone.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
65
Manufacture. § 893.02(13)(a), Fla....
...processing of a controlled substance, either directly or indirectly.
Manufacturing can be by extraction from substances of natural origin, or
independently by means of chemical synthesis. It can also be by a
combination of extraction and chemical synthesis.
Deliver. § 893.02(5), Fla....
...trol it if [he] [she] had joint
control over the place where the drug paraphernalia was located, and the
drug paraphernalia was located in a common area in plain view and in the
presence of the defendant.
Deliver. Give if delivery is charged. § 893.02(5), Fla.Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of paraphernalia, whether or not there is
an agency relationship.
80
Manufacture. Give if manufacture is charged. § 893.02(13)(a), Fla.Stat.
“Manufacture” means the production, preparation, packaging, labeling
or relabeling, propagation, compounding, cultivating, growing, conversion or
processing of a controlled substance, either directly or indirectl...
...the human body (specific substance alleged).
3. When the delivery was made, (defendant) was 18 years old or over
and (person alleged) was under 18 years old.
85
Definitions.
Deliver. § 893.02)(5), Fla....
...ing]
[any intoxicating beverage or any beverage that causes or
may cause an intoxicating effect]
[any controlled substance. (Substance alleged) is a controlled
substance.] See § 893.02(4), Fla.Stat.
102
[any prescription or nonprescription drug that has a
hypnotic, stimulating, or depressing effect]
[any firearm or weapon of an...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Bass,
451 So.2d 986 (Fla. 2d DCA 1984). In the instant case, the substantive offense charged was trafficking in cannabis by delivery. Delivery is defined as the actual, constructive, or attempted transfer from one person to another of a controlled substance. §
893.02(4), Florida Statutes....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3640966, 2012 U.S. App. LEXIS 17992
...“Deliver” or “delivery,” in both the statute and the jury instruction, is defined as “the
actual, constructive, or attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.” See FLA. STAT. § 893.02(6).
13
Shelton v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 5175, 2001 WL 388037
...the drugs at issue. Garces held that the temporary control of contraband in the presence of its actual owner, for the purpose of verifying that it was what it purported to be, did not constitute “legal possession.” However the 1992 amendment to section
893.02(16), Florida negates the possibility of such a claim. See State v. Nellums,
614 So.2d 676 (Fla. 1st DCA 1993) (recognizing that the 1992 amendment to section
893.02(16), Florida Statutes, changed the law); see also Ortega v. State,
755 So.2d 813 (Fla. 3d DCA 2000). Section
893.02(16), Florida Statutes (1997) provides that “[possession includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.” Moreover, the facts sub judice are simply distinguishable from Garces ....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2531
includes the attempt to commit the crime. See §
893.02(4), Fla.Stat. (1979). The crime of sale, on the
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8620, 1991 WL 174433
...is exercising a taxable privilege who engages in this state in the unlawful sale, use, consumption, distribution, manufacture, derivation, production, transportation, or storage of any medicinal drug as defined in chapter 465, cannabis as defined in s. 893.02, or controlled substance enumerated in s....
...ribution, manufacture, derivation, production, transportation, or storage, at the rate of 50 percent of the estimated retail price of the medicinal drug, cannabis, or controlled substance involved in the transaction or incident. (Emphasis supplied.) Section 893.02, Florida Statutes (1989), defines cannabis as “all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative...
..., or preparation of the plant or its seeds or resin.” Cases dealing with the weight of cannabis are directed to proof of an element of the offenses of trafficking or possession, rather than to proof of weight for tax purposes. In this context, the section
893.02 definition of cannabis does not encompass the wrappings around a bale of marijuana, or excess water that is not inherent in the vegetable matter of a marijuana plant. Jordan v. State,
419 So.2d 363, 364 (Fla. 1st DCA 1982); Cronin v. State,
470 So.2d 802, 804 (Fla. 4th DCA 1985). Although the definition of cannabis set forth in section
893.02(3), and incorporated *1079 by reference into section 212.0505, suggests legislative intent to tax all parts of a marijuana plant, the specific language of the taxing provision directs that such tax assessment is “50 percent of the estimated retail price of the ......
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21784
controlled substances” have a definite meaning. See §
893.02(3), Fla.Stat. (1981). In fact, the majority recognizes
CopyPublished | Florida 2nd District Court of Appeal
...nt's
conviction rests upon the uncharged theory.
Second, delivery is defined as "the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not there is
an agency relationship." § 893.02(6)....
CopyPublished | Florida 5th District Court of Appeal
...investigation.
Second, I write to highlight a concern created by the
enactment of the “State hemp program” in section
581.217, Florida
Statutes (2019), the Florida Comprehensive Drug Abuse
Prevention Control Act definition of cannabis in section
893.02(3),
Florida Statutes (2021), and current caselaw, including Owens v.
State, 317 So....
... cannabinoids, including, but not limited to, cannabidiol, are not
controlled substances or adulterants.” The Legislature also
amended the Florida Comprehensive Drug Abuse Prevention and
Control Act to exclude hemp and medical marijuana from the
definition of “cannabis.” § 893.02(3), Fla....
CopyPublished | Florida 1st District Court of Appeal
...use,” is in direct conflict with the recent amendment to the
Florida Constitution regarding the production, possession, and
use of medical marijuana. We disagree.
A “controlled substance” is “any substance named or
described in Schedules I-V of s.
893.03.” §
893.02(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Simmons
for a window tint traffic violation on March 22, 2022, their only basis for
conducting the warrantless search of Simmons' vehicle and person was
the odor of fresh marijuana. But effective June 23, 2017, the definition
of "cannabis" found in section 893.02(3), Florida Statutes, "does not
include 'marijuana,' as defined in s....
...1st DCA 2022) (Bilbrey, J., specially
concurring) (citation omitted); see also §§
581.217(2)(a), (b) ("The
Legislature finds that . . . [h]emp is an agricultural commodity[ and]
[h]emp-derived cannabinoids . . . are not controlled substances or
adulterants if they are in compliance with this section."),
893.02(3)
(defining cannabis as used in chapter 893, which is titled "Drug Abuse
Prevention and Control," and stating that "[t]he term does not include
hemp as defined in s....
CopyPublished | Florida 1st District Court of Appeal | 2011 WL 12539461
...The term “manufacture” means the “production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis ....”§ 893.02(15)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The term “manufacture” means the “production, preparation,
propagation, compounding, cultivating, growing, conversion, or processing of a
controlled substance, either directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical synthesis . . . .” §
893.02(15)(a), Fla....
CopyPublished | Supreme Court of Florida
...sonal
power to control the substance or the present ability to direct its control by
another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more
persons may possess a substance.
§ 893.02(2123), Fla....
...upervision of a physician,
or a podiatric physician licensed pursuant to chapter 461, or a physician
assistant licensed under chapter 458 or chapter 459, provided such
practitioner holds a valid federal controlled substance registry number.
§ 893.02(2224), Fla....
...Give if applicable.
If you find that (defendant) is guilty of Delivery of Cannabis, you must
then determine if the State proved beyond a reasonable doubt that the
cannabis weighed more than 20 grams.
Definitions. Give as applicable.
Cannabis. §§§
893.02(3);
893.13(3);
893.13(6)(b), Fla....
...re, or
preparation of the plant or its seeds or resin.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...his or her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...includes the attempt to transfer from one person to
another.
- 16 -
Starting in 2014, the lLegislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...Give as applicable.
Sell.
- 17 -
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Stat., alleged).
2. The substance was (specific substance alleged).
3. (Defendant) was 18 years of age or older at the time.
4. (Defendant) had knowledge of the presence of the substance.
Definition.
Deliver. § 893.02(6), Fla....
...2d 939 (Fla.
1991); Anderson v. State,
447 So. 2d 236 (Fla. 1st DCA 1983).
Starting in 2014, the lLegislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...Give as applicable.
Sell.
- 26 -
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...tice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...bstance is
necessarily charged with Possession of a Controlled Substance.
Starting in 2014, the lLegislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
....135(1), Fla. Stat.).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ctice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...is necessarily charged with
[Attempted] Possession of a Controlled Substance.
Starting in 2014, the lLegislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...substance in
§
893.135(1), Fla. Stat.).
2. The defendant actually [sold] [purchased] [manufactured]
[delivered] [brought into Florida] [possessed] cannabis.
Definitions. Give as applicable.
Cannabis. §
893.02(3), Fla....
...ture, or
preparation of the plant or its seeds or resin.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ctice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...There is no crime of attempted conspiracy. Hutchinson v. State,
315 So.
2d 546 (Fla. 2d DCA 1975).
Starting in 2014, the legislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...containing cocaine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ctice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...ubstance alleged).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ctice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing hydrocodone.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...tice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing oxycodone.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...58 -
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing phencyclidine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
- 63 -
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing methaqualone.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...or a mixture containing methamphetamine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ractice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...persons may be aware of the presence of the substance and may jointly
- 74 -
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing flunitrazepam.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...tice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...- 82 -
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...tice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
- 87 -
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Analog. § 893.02(2), Fla. Stat.
“Analog” means a structural derivative of a parent compound that is a
controlled substance.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
- 92 -
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 6761, 1999 WL 359809
...In fact, it would appear that Hamilton only handled the cocaine because the informant pulled up to the passenger side of the pickup truck rather than the driver’s side. We note that in 1992 the legislature added subsection (16) to the definitions outlined *495 in section 893.02....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16200
...al element of the crime charged, the trial court erred in denying appellant’s motion for judgment of acquittal under the rule set forth in Purifoy v. State,
359 So.2d 446 (Fla.1978). We agree. In Purifoy v. State, id., our supreme court noted that Section
893.02(2), Florida Statutes (1977), defines “cannabis” to exclude “the mature stalks of the plant.” The term “stalks” includes “stems.” Purifoy v....
...ime that the amount in his possession exceeded five grams by weight. Absent that showing, the accused is entitled to acquittal without the necessity of offering any defense whatsoever. The parts of the cannabis plant listed in the second sentence of Section 893.02(2), which include “the mature stalks of the plant,” are by definition not prohibited substances....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 9, 2023
...§
1182(a)(2)(A)(i).
In Said v. U. S. Attorney General,
28 F. 4th 1328, 1333 (11th Cir.
2022), which was decided three weeks after the BIA dismissed Mr.
Leger’s appeal, we explained that “[b]y the plain language of [Fla.
Stat.] §
893.02(3), not all substances that it proscribes are federally
controlled.” For example, “[§]
893.02(3) includes all parts of the
marijuana plant, while [21 U.S.C....
...Leger argues, and the government concedes, that Said
controls. See Petitioner’s Br. at 59-62; Respondent’s Br. at 32. We
agree. Mr. Leger’s statute of conviction, Fla. Stat. §
893.13(6)(b), is
overbroad because Fla. Stat. §
893.02(3)—which defines mariju-
ana—includes parts of the marijuana plant that its federal counter-
part, 21 U.S.C....
CopyPublished | Supreme Court of Florida
...Give if applicable.
3. or 4. If you find that (defendant) is guilty of Delivery of Cannabis, you
must then determine if the State proved beyond a reasonable doubt that the
The cannabis weighed more than 20 grams.
Definitions. Give as applicable.
Cannabis. §§§
893.02(3);
893.13(3);
893.13(6)(b), Fla....
...s Cannabis, whether
growing or not and the seeds thereof.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...in §
893.03(6), Fla. Stat. includes the attempt to transfer from one person to
another.
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 10 -
Deliver. § 893.02(56), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 11 -
Give if applicable. § 893.02(19), Fla....
...Stat., alleged).
2. The substance was (specific substance alleged).
3. (Defendant) was 18 years of age or older at the time.
4. (Defendant) had knowledge of the presence of the
substance.
Definition.
Deliver. § 893.02(56), Fla....
...NO.
Attempt
777.04(1) 5.1
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...(Defendant) had knowledge of the presence of the
substance.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...- 22 -
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...- 23 -
893.03(1)(b)] [mixture containing (insert name of substance listed in
893.03(1)(a) or
893.03(1)(b)] weighed more than 10 grams.
Definitions.
Give if applicable. Cannabis. § §
893.02(3),
893.13(6)(b), Fla....
...persons may be aware of the presence of a substance and may jointly exercise
- 24 -
control over it. In that case, each of those persons is considered to be in
possession of the substance.
Give if applicable. § 893.02(19), Fla....
...2d 493 (Fla. 2d
DCA 1999) and Sanders v. State,
563 So. 2d 781 (Fla. 1stst DCA 1990).
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...n identified for this offense.
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...controlled substance in §
893.135(1), Fla. Stat.).
2. The defendant actually [sold] [purchased] [manufactured]
[delivered] [brought into Florida] [possessed] cannabis.
Definitions. Give as applicable.
Cannabis. §
893.02(3), Fla....
...esin.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 29 -
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...State,
315 So.
2d 546 (Fla. 2d DCA 1975).
- 33 -
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...containing cocaine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
- 35 -
Deliver. § 893.02(56), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 36 -
Give if applicable. § 893.02(19), Fla....
...ubstance alleged).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 45 -
Manufacture. § 893.02(15)(a), Fla....
...his or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 50 -
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 55 -
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...ualone or a
mixture containing methaqualone.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...or a mixture containing methamphetamine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...is or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing flunitrazepam.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...containing GHB.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing MDMA.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
- 81 -
Analog. § 893.02(2), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 82 -
Give if applicable. § 893.02(19), Fla....
...LSD.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 87 -
Give if applicable. § 893.02(19), Fla....
CopyPublished | Supreme Court of Florida
...bility to direct its control by
another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more
persons may possess a substance.
Definitions.
Give if applicable. Cannabis. §§
893.02(3),
893.13(6)(b), Fla....
...Stat.
See Comment section for medical marijuana.
Cannabis means all parts of any plant of the genus Cannabis, whether
growing or not, and the seeds thereof [but does not include any resin extracted
from the plant].
Give if applicable. Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of a substance and may jointly exercise
control over it. In that case, each of those persons is considered to be in
possession of the substance.
Give if applicable. § 893.02(19), Fla....
...2d 493 (Fla. 2d
DCA 1999) and Sanders v. State,
563 So. 2d 781 (Fla. 1st DCA 1990).
Starting in 2014, the Legislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 2421, 1993 WL 55630
...he misdemeanor offense of attempted possession of cannabis. Campbell v. State,
577 So.2d 932 (Fla.1991); Roberts v. State,
505 So.2d 547 (Fla. 3d DCA 1987); Garces v. State,
485 So.2d 847 (Fla. 3d DCA 1986). If we were to apply the 1992 amendment to Section
893.02(16), Florida Statutes, which redefined the term “possession” to include temporary possession for the purpose of verification, retroactively to an offense alleged to have been committed before the statute’s enactment, such applica...
CopyPublished | Florida 2nd District Court of Appeal
...Up until July 2019, cannabis was defined to
mean "all parts of any plant of the genus Cannabis, whether growing or
not; the seeds thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation
of the plant or its seeds or resin." § 893.02(3), Fla....
...included marijuana and hemp. See David V. Patton, J.D., A History of
United States Cannabis Law, 34 J.L. & Health 1, 4 (2020) (describing the
genus Cannabis and the species within it). And at the time, only medical
marijuana was excluded from the definition. § 893.02(3)....
...The legislature stated that "[h]emp is an agricultural
commodity" and that "[h]emp-derived cannabinoids . . . are not controlled
substances or adulterants." §
581.217(2)(a)-(b). As a result, the
legislature also changed the definition of cannabis to exclude hemp.
§
893.02(3), Fla....
...substance's appearance, odor, and packaging." Id.; see also Sheridan,
1 Although this court referred to the substance as "marijuana," we
refer to it as "cannabis" because that is the controlled substance's
defined term in the Florida Statutes. See § 893.02(3).
6
850 So....
CopyPublished | Florida 2nd District Court of Appeal
...Simmons
for a window tint traffic violation on March 22, 2022, their only basis for
conducting the warrantless search of Simmons' vehicle and person was
the odor of fresh marijuana. But effective June 23, 2017, the definition
of "cannabis" found in section 893.02(3), Florida Statutes, "does not
include 'marijuana,' as defined in s....
CopyPublished | Florida 3rd District Court of Appeal | 2003 WL 1524464
...At Defendant's arraignment, the trial judge expressed the opinion that because the defendant's arrest was based on possession of fewer than 300 plants, the trafficking charge could not stand even though the weight of the confiscated cannabis plants was admittedly greater than 25 pounds. We disagree. Section 893.02, Florida Statutes (2002), defines the term cannabis as including "all" parts of any plant whether growing or not: *1122 (3) "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the r...
...ining the weight of the processed cannabis with the weight of the growing plants in order to reach the prohibited amount was not error. The general definition of cannabis does not require a distinction between processed and unprocessed cannabis. See section 893.02(3), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the plant; and every compound, manufacture, salt, derivative,
USCA11 Case: 21-12917 Date Filed: 03/24/2022 Page: 4 of 10
4 Opinion of the Court 21-12917
mixture, or preparation of the plant or its seeds or resin.” Fla. Stat.
§ 893.02(3) (emphasis added).
We apply the categorical approach to determine whether a
state conviction constitutes an offense relating to a controlled sub-
stance....
...erred in finding that Said was ineligible for cancellation of removal.
USCA11 Case: 21-12917 Date Filed: 03/24/2022 Page: 9 of 10
21-12917 Opinion of the Court 9
By the plain language of § 893.02(3), not all substances that it pro-
scribes are federally controlled. Section 893.02(3) includes “all
parts” of the marijuana plant, while federal law does not....
CopyPublished | Supreme Court of Florida
...bility to direct its control by
another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more
persons may possess a substance.
Definitions.
Give if applicable. Cannabis. §§
893.02(3),
893.13(6)(b), Fla....
...Stat.
See Comment section for medical marijuana.
Cannabis means all parts of any plant of the genus Cannabis, whether
growing or not, and the seeds thereof [but does not include any resin extracted
from the plant].
Give if applicable. Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of a substance and may jointly exercise
control over it. In that case, each of those persons is considered to be in
possession of the substance.
Give if applicable. § 893.02(19), Fla....
...2d 493 (Fla. 2d
DCA 1999) and Sanders v. State,
563 So. 2d 781 (Fla. 1st DCA 1990).
Starting in 2014, the Legislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
CopyPublished | Florida 4th District Court of Appeal
...1 In addition to section
381.986, Florida Statutes (2022), authorizing medical
marijuana, see the “State hemp program” in section
581.217, Florida Statutes
(2019), and the Florida Comprehensive Drug Abuse Prevention Control Act’s
definition of cannabis in section
893.02(3), Florida Statutes (2021), excluding
hemp and medical marijuana from the definition of “cannabis.”
2 The Second District observed that even though evidence of lawful possession of
medical marijuana or hemp may support an affirm...
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907
...ntary, middle, or secondary-school, Definitions; give as applicable gep “Sell” means to transfer or-deliver-something -to — another person in exchange for money or something of value *1208 or a promise of money or something of value. Deliver F.S. 893.02(5)- “Deliver” or “delivery— means the-actual, constructive» or attempted transfer from one person to-another of a controlled- substance» whether or not-there is an agency relationship, Possession To “possess” means to have per...
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 9223, 2016 WL 3266119
...there is some amount – no
matter how small – of methamphetamine in the mixture, the weight of the
methamphetamine for purposes of the thresholds in the trafficking statute is the
total weight of the mixture.
3
“Mixture” is defined by section 893.02(16) to mean “any physical combination of
two or more substances.”
5
We find no merit in Wilder’s argument that these otherwise clear statutes
become ambiguous when read in conjuncti...
CopyPublished | Court of Appeals for the Eleventh Circuit
...Fla. Stat. §
893.13 at the times of Jackson’s convictions. In 1998 and
2004, §
893.13(1)(a) prohibited, as relevant here, the sale of or pos-
session with intent to sell a “controlled substance,” as defined in
Schedules I through V, Fla. Stat. §
893.02(4)....
CopyPublished | Court of Appeals for the Eleventh Circuit
as defined in Schedules I through V, Fla. Stat. §
893.02(4). The only element of that crime in question
CopyPublished | Florida 4th District Court of Appeal
...A 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.
§
893.13(6)(a), Fla. Stat. (2023).
Under Chapter 893, “[c]ontrolled substance” is defined as “any
substance named or described in Schedule I-V of s.
893.03.” §
893.02(4),
Fla....
CopyPublished | Florida 3rd District Court of Appeal
...3d 752, 758 (Fla. 2010)
(emphasis added) (citing Snell v. State,
939 So. 2d 1175, 1179 n.1 (Fla. 4th
DCA 2006)). “‘Possession’ includes temporary possession for the purpose
of verification or testing, irrespective of dominion or control.” §
893.02(21),
Fla....
CopyPublished | Supreme Court of Florida
...Department that identifies a person who has a physician certification
or a personal caregiver who is at least twenty-one (21) years old and
has agreed to assist with a qualifying patient’s medical use of
marijuana.
(4) “Marijuana” has the meaning given cannabis in Section
893.02(3), Florida Statutes (2013).
(5) “Medical Marijuana Treatment Center” means an entity
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or
oin...
CopyPublished | Supreme Court of Florida
...power to control the substance or the present ability to direct its control by
another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more
persons may possess a substance.
Give if applicable. Cannabis. §§
893.02(3),
893.13(6)(b), Fla....
...2d 781 (Fla. 1st DCA 1990).
- 22 -
Starting in 2014, the Legislature passed laws pertaining to “medical
cannabis” or “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...A special instruction will be
necessary in cases where a defendant relies on a cannabis-related prescription
defense.
Starting in 2019, the Legislature excluded hemp as defined in §
581.217,
Fla. Stat., and industrial hemp as defined in §
1004.4473, Fla. Stat., from the
definition of “cannabis” in §
893.02(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 184, 2007 WL 57270
...Here, in contrast, the deputy had probable cause to believe, at the time of the seizure, that the drugs were hydro-codone and that they did not belong to Keller. The Act does not define “possession,” other than to say it - includes temporary possession for the purpose of verification or testing. § 893.02(17), Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 148, 1985 Fla. App. LEXIS 11914
...by the state in its petition for delinquency. We agree. The state argues that it proved an attempted delivery, and therefore, a delivery. Pursuant to Milazzo v. State,
377 So.2d 1161 (Fla.1979), proof of attempted delivery constitutes delivery under section
893.02(4), Florida Statutes (1983) 4 because delivery is defined as an attempt....
...Section
893.13(l)(a), Florida Statutes (1983) provides: 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. . Section
893.02(4), Florida Statutes (1983) provides: "Deliver" or “delivery” means the actual, constructive, cr attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14165
concurs. MILLS, Acting C. J., dissenting. . Section
893.02(2), Fla.Stat. (1977), excludes from its definition
CopyPublished | Supreme Court of Florida
...sale or distribution to
another].
Inference. Give if applicable. §
893.1351(4), Fla. Stat.
You may conclude that cannabis was intended for sale or distribution
upon proof of the possession of 25 or more cannabis plants.
§
893.02(3), Fla....
...or car, trailer, aircraft, or sleeping car.
Insert elements of Trafficking alleged, if applicable.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
§ 893.02(15)(a), Fla....
...Controlled Substance 25.3
Attempt
777.04(1) 5.1
Comments
It is unlawful to sell or manufacture all of the controlled substances listed in
§
893.02, Florida Statutes....
...bution to another].
Inference. Give if applicable. §
893.1351(4), Fla. Stat.
You may, but are not required to, infer that cannabis was intended for
sale or distribution upon proof of the possession of 25 or more cannabis
plants.
§
893.02(3), Fla....
...or car, trailer, aircraft, or sleeping car.
Insert elements of Trafficking alleged, if applicable.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
§ 893.02(15)(a), Fla....
...Intended for Sale or
Distribution]
Attempt
777.04(1) 5.1
Comments
It is unlawful to sell or manufacture all of the controlled substances listed in
§
893.02, Fla....
...[conveyance].
Inference. Give if applicable. §
893.1351(4), Fla. Stat.
You may, but are not required to, infer that cannabis was intended for
sale or distribution upon proof of the possession of 25 or more cannabis
plants.
§
893.02(3), Fla....
...Stat.
A “conveyance” means any motor vehicle, ship, vessel, railroad vehicle
or car, trailer, aircraft, or sleeping car.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
§ 893.02(15)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 1258, 1993 WL 20440
...had been previously seized in unrelated cases and repackaged for use in the reverse sting. The issue addressed at the hearing on this motion was whether the police conduct in repackaging the cocaine fell within the definition of “manufacturing.” Section 893.02(13)(a) provides: “Manufacture” means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of...
...On appeal this court reversed and ruled that the use of reconstituted crack which was manufactured by the police in a sting operation infringed on the defendant’s right to due process of law, citing State v. Glosson,
462 So.2d 1082 (Fla.1985). We concluded that the definí *142 tion of “manufacture” contained in section
893.02(12)(a), Florida Statutes (1989) (the predecessor statute to the one at bar) included conversion of a controlled substance into crack and that the police misconduct rose to the level of a violation of the constitutional principles of due process....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15314
...The State’s proof showed that the cannabis weighed 7.05 grams which included a piece of a stem. Purifoy argues that the evidence adduced is insufficient to support the charge that Purifoy had more than five grams of cannabis. The statutory definition of cannabis excludes certain parts of the plant, such as mature stalks. Section 893.02(2), Florida Statutes (1975). Purifoy contends that he was entitled to a judgment of acquittal or a new trial because the 7.05 grams of cannabis contained pieces of stems which were excluded by Section 893.02(2)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14093
...substance which was prohibited by Section
893.13(1) (e), Florida Statutes. Hashish is neither listed in Schedule I nor mentioned in Chapter 893, Florida Statutes. Although cannabis is listed in Schedule I as a controlled substance, and is defined in Section
893.02(2), Florida Statutes, in such broad and general terms that it includes every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin, the state failed to offer evidence that hashish was a derivative of cannabis....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25331
cultivated the plants. “Manufacture” is defined in Section 893.-02(ll)(a) as: [T]he production, preparation, progagation
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 20454, 36 Fla. L. Weekly Fed. D 2771
..."all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin." § 893.02(3), Fla....
...1 (5th Cir.1972)). [2] The standard of review of the orders dismissing the information is de novo. See State v. Smith,
67 So.3d 409 (Fla. 4th DCA 2011). [3] It also must be noted that the statute's definition of cannabis includes plants "whether growing or not." §
893.02(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...rts of any plant of the genus
Cannabis, whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds or resin.”1
§ 893.02(3), Fla....
CopyPublished | District Court of Appeal of Florida
cartridges from the definition of cannabis under section
893.02(3), Florida Statutes (2019), which includes
CopyPublished | Supreme Court of Florida
...(2) “Department” means the Department of Health or its
successor agency.
(3) “Identification card” means a document issued by the
Department that identifies a qualifying patient or a caregiver.
(4) “Marijuana” has the meaning given cannabis in Section
893.02(3), Florida Statutes (2014), and, in addition, “Low-THC
cannabis” as defined in Section
381.986(1)(b), Florida Statutes
(2014), shall also be included in the meaning of the term “marijuana.”
(5) “Medical Marijuana Trea...
CopyPublished | Court of Appeals for the Eleventh Circuit
...or deliver, “a controlled substance.” Fla. Stat. §
893.13(1) (1998); see also id.
(2004). Florida law defined “[c]ontrolled substance” as “any substance named
or described in Schedules I through V of s.
893.03.” Id. §
893.02(4) (1998); see
also id....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17343
...e seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of the plant which is incapable of germination. Section 893.02(2), Florida Statutes, (1977)....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11736, 2004 WL 1779135
...ts, though weighing more than 25 pounds, do not meet the statute’s requirements for trafficking unless they reach 300 in number. We disagree. The statutory definition of cannabis does not distinguish between processed and unprocessed cannabis. See § 893.02(3), Fla....
CopyPublished | Supreme Court of Florida | 2016 WL 1375710
...Give if applicable.
3. or 4. If you find that (defendant) is guilty of Delivery of Cannabis, you
must then determine if the State proved beyond a reasonable doubt that the
The cannabis weighed more than 20 grams.
Definitions. Give as applicable.
Cannabis. §§§
893.02(3);
893.13(3);
893.13(6)(b), Fla....
...s Cannabis, whether
growing or not and the seeds thereof.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...in §
893.03(6), Fla. Stat. includes the attempt to transfer from one person to
another.
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 10 -
Deliver. § 893.02(56), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 11 -
Give if applicable. § 893.02(19), Fla....
...Stat., alleged).
2. The substance was (specific substance alleged).
3. (Defendant) was 18 years of age or older at the time.
4. (Defendant) had knowledge of the presence of the
substance.
Definition.
Deliver. § 893.02(56), Fla....
...NO.
Attempt
777.04(1) 5.1
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...(Defendant) had knowledge of the presence of the
substance.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...- 22 -
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...- 23 -
893.03(1)(b)] [mixture containing (insert name of substance listed in
893.03(1)(a) or
893.03(1)(b)] weighed more than 10 grams.
Definitions.
Give if applicable. Cannabis. § §
893.02(3),
893.13(6)(b), Fla....
...persons may be aware of the presence of a substance and may jointly exercise
- 24 -
control over it. In that case, each of those persons is considered to be in
possession of the substance.
Give if applicable. § 893.02(19), Fla....
...2d 493 (Fla. 2d
DCA 1999) and Sanders v. State,
563 So. 2d 781 (Fla. 1stst DCA 1990).
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...n identified for this offense.
Comments
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in § 893.02(3), Fla....
...controlled substance in §
893.135(1), Fla. Stat.).
2. The defendant actually [sold] [purchased] [manufactured]
[delivered] [brought into Florida] [possessed] cannabis.
Definitions. Give as applicable.
Cannabis. §
893.02(3), Fla....
...esin.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 29 -
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...State,
315 So.
2d 546 (Fla. 2d DCA 1975).
- 33 -
In 2014, the legislature passed laws pertaining to medical marijuana, also
known as “low-THC cannabis,” which is excluded from the definition of
“cannabis” in §
893.02(3), Fla....
...containing cocaine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
- 35 -
Deliver. § 893.02(56), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 36 -
Give if applicable. § 893.02(19), Fla....
...ubstance alleged).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 45 -
Manufacture. § 893.02(15)(a), Fla....
...his or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 50 -
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 55 -
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...ualone or a
mixture containing methaqualone.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(135)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(56), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...or a mixture containing methamphetamine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...is or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...- 70 -
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 75 -
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 80 -
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Analog. § 893.02(2), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 85 -
Manufacture. § 893.02(15)(a), Fla....
...s or
her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Here, although there was ample evidence that Terry was aware
of the marijuana plants, there was no evidence from which a jury
could conclude that she was responsible for the “production,
preparation, propagation, compounding, cultivating, growing,
conversion, or processing of a controlled substance.” See
§ 893.02(15)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...For purposes of this section, the
following words and terms shall have the following
meanings:
....
(2) “Department” means the Department of Health or
its successor agency.
....
(4) “Marijuana” has the meaning given cannabis in
Section
893.02(3), Florida Statutes (2014), and, in
addition, “Low-THC cannabis” as defined in Section
2
381.986(1)(b), Florida Statutes (2014), shall also be
included in the meaning of the term “mar...
...marijuana not in conflict with Department rules, or of
related supplies by a qualifying patient or caregiver for
use by the caregiver’s designated qualifying patient for
the treatment of a debilitating medical condition.
In 2014, section 893.02(3) stated:
(3) “Cannabis” means all parts of any plant of the genus
Cannabis, whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds or resin....
CopyPublished | Florida 3rd District Court of Appeal
...Diaz was charged with violating section
951.22(1) of Florida Statutes, which
prohibits the smuggling or possession in a county detention facility of various legal
and illegal items including clothing, food, alcohol or “any drug or drug of any kind
or nature . . . and controlled substances as defined in s.
893.02(4).”
2
During his probation violation hearing, Mr....
...Diaz to 25.25 years’ imprisonment to be followed by 10 years’
probation. Mr. Diaz timely appealed.
II. ANALYSIS
Mr. Diaz raises three issues on appeal. First, Mr. Diaz claims that the
particular synthetic cannabinoid which he possessed was not a controlled substance
under section
893.02(4) at the time he possessed it and therefore his possession did
not violate section
951.22(1). We recognize that this particular synthetic
cannabinoid was not added to the list of controlled substances in section
893.02(4)
until several months after it was found in his possession. But, while section
951.22(1) prohibits possession of controlled substances as defined in s.
893.02(4),
its prohibition is not limited to only controlled or illegal substances....
...g money, food, clothing, tobacco,
alcohol, and, pertinent to this case, “any narcotic, hypnotic, or excitative drug or
drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates,
and controlled substances as defined in section
893.02(4).”
3
In full, section
951.22(1) provides:
It is unlawful, except through regular channels as duly
authorized by the sheriff or officer in charge, to int...
...causes or may cause an intoxicating effect; any narcotic,
hypnotic, or excitative drug or drug of any kind or nature,
including nasal inhalators, sleeping pills, barbiturates,
and controlled substances as defined in s. 893.02(4); any
firearm or any instrumentality customarily used or which
is intended to be used as a dangerous weapon; and any
instrumentality of any nature that may be or is intended
to be used a...
CopyPublished | Supreme Court of Florida
...Give if applicable.
If you find that (defendant) is guilty of Delivery of Cannabis, you must
then determine if the State proved beyond a reasonable doubt that the
cannabis weighed more than 20 grams.
Definitions. Give as applicable.
Cannabis. §§§
893.02(3);
893.13(3);
893.13(6)(b), Fla....
...growing or not and the seeds thereof.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
-6-
Manufacture. § 893.02(15)(a), Fla....
...his or her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...includes the attempt to transfer from one person to
another.
- 10 -
In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
excluded from the definition of “cannabis” in § 893.02(3), Fla....
...Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
- 11 -
Deliver. § 893.02(6), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 12 -
Give if applicable. § 893.02(19), Fla....
...Stat., alleged).
2. The substance was (specific substance alleged).
3. (Defendant) was 18 years of age or older at the time.
4. (Defendant) had knowledge of the presence of the substance.
Definition.
Deliver. § 893.02(6), Fla....
...In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
- 17 -
excluded from the definition of “cannabis” in § 893.02(3), Fla....
...(Defendant) had knowledge of the presence of the substance.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
- 19 -
Deliver. § 893.02(6), Fla....
...persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
- 20 -
Give if applicable. § 893.02(19), Fla....
...Comments
In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
excluded from the definition of “cannabis” in § 893.02(3), Fla....
...substances listed in
893.03(1)(a) or
893.03(1)(b)] [mixture containing (insert name of substance listed in
893.03(1)(a) or
893.03(1)(b)] weighed more than 10 grams.
Definitions.
Give if applicable. Cannabis. § §
893.02(3),
893.13(6)(b), Fla....
...Stat.
See Comment section for medical marijuana.
Cannabis means all parts of any plant of the genus Cannabis, whether
growing or not, and the seeds thereof [but does not include any resin extracted
from the plant].
Give if applicable. Mixture. § 893.02(16), Fla....
...persons may be aware of the presence of a substance and may jointly exercise
control over it. In that case, each of those persons is considered to be in
possession of the substance.
- 25 -
Give if applicable. § 893.02(19), Fla....
...State,
563 So. 2d 781 (Fla. 1st DCA 1990).
In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
excluded from the definition of “cannabis” in §
893.02(3), Fla....
...Comments
In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
excluded from the definition of “cannabis” in § 893.02(3), Fla....
...stance in
§
893.135(1), Fla. Stat.).
2. The defendant actually [sold] [purchased] [manufactured]
[delivered] [brought into Florida] [possessed] cannabis.
Definitions. Give as applicable.
Cannabis. §
893.02(3), Fla....
...re, or
preparation of the plant or its seeds or resin.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...2d DCA 1975).
- 34 -
In Starting in 2014, the legislature passed laws pertaining to medical
marijuana, also known as “medical cannabis” or “low-THC cannabis,” which is
excluded from the definition of “cannabis” in § 893.02(3), Fla....
...containing cocaine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...stance alleged).
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla....
...Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
- 41 -
Mixture. § 893.02(16), Fla....
...persons may be aware of the presence of the substance and may jointly
- 42 -
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing hydrocodone.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...46 -
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing oxycodone.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...51 -
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing phencyclidine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...56 -
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...lone or a
mixture containing methaqualone.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
- 61 -
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...or a mixture containing methamphetamine.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing flunitrazepam.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...containing GHB.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...e.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...mixture containing MDMA.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...ice.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Analog. § 893.02(2), Fla. Stat.
“Analog” means a structural derivative of a parent compound that is a
controlled substance.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
...LSD.
Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in
exchange for money or something of value or a promise of money or
something of value.
Manufacture. § 893.02(15)(a), Fla....
...e.
2. A practitioner, or by his or her authorized agent under the
practitioner’s supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
Deliver. § 893.02(6), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether or not
there is an agency relationship.
Mixture. § 893.02(16), Fla....
...Possession of a substance may be sole or joint, that is, two or more
persons may be aware of the presence of the substance and may jointly
exercise control over it. In that case, each of those persons is considered to be
in possession of the substance.
Give if applicable. § 893.02(19), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 5133, 2002 WL 649112
...See State v. Williams,
623 So.2d 462 (Fla.1993). In Williams , the court focused upon the actions of the Broward County Sheriffs Office in actually manufacturing crack cocaine for the sting operations, noting that such manufacture was prohibited by section
893.02(12)(a), Florida Statutes (1989), and characterized the illegal manufacture of illicit drugs by law enforcement as “worlds apart” from the mere delivery of a controlled substance in a standard reverse sting operation....
CopyPublished | Supreme Court of Florida | 2013 WL 1664379
Definitions. Give as applicable. Cannabis. §
893.02(3), Fla. Stat. “Cannabis” means all parts of
