Florida/Georgia Personal Injury & Workers Compensation

...Under the current codification of this provision “it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” Fla. Stat. Ann. § 893.13(1)(a) (West 2005). Cocaine is such a controlled substance. Fla. Stat. Ann. § 893.03(2)(a)(4) (West 2005)....

...urchase, manufacture, delivery, or possession of four grams or more of the following substances: morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in section 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II] or 4 grams of any mixture containing such substance ......

...which determines the penalty." Dial, 730 So.2d at 813 (Klein, J., specially concurring). To determine whether this "anomaly" was intended by the Legislature, we must examine the actual text of sections 893.135(1)(c)1 (the drug trafficking statute), 893.03(2)(a)1.j, Florida Statutes (Supp.1996) (hydrocodone listed in Schedule II), and 893.03(3)(c)4 (hydrocodone listed in Schedule III)....

...of a statute should be read in pari materia in order to achieve a consistent whole). Further, Schedules II and III must be read together because both schedules state that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a),.03(3)(c)....

...ly to Schedule I and II substances. Hydrocodone is not included in the list of Schedule I narcotics. Schedule I narcotics are those controlled substances with the highest potential for abuse and have "no currently accepted medical use in treatment." § 893.03(1)....

...A substance listed in Schedule II has "a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence." § 893.03(2). Schedule II provides, in pertinent part, that "unless listed in another schedule," "[h]ydrocodone" is a Schedule II substance. § 893.03(2)(a)1.j (emphasis supplied)....

...ha[ve] a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to physical damage. § 893.03(3)....

...any salts thereof: . . . . 4. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances. § 893.03(3)(c)4 (emphasis supplied). Each schedule states that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a),.03(3)(c)....

...e if it contains language authorizing the construction urged by the State and adopted by the Fourth and Fifth Districts. According to the language of the statute at issue here, possession of "4 grams or more of any ... hydrocodone... as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II], or 4 grams or more of any mixture containing any such substance" is punishable under the trafficking statutes. § 893.135(1)(c)1 (emphasis supplied). The phrase, "as described in s. 893.03(1)(b) or (2)(a) [Schedules I or II]," restricts the applicability of the trafficking statute to only those drugs described in Schedule I or Schedule II....

...which controlled. See Hayes, 720 So.2d at 1097. We, however, conclude that the statute must be read strictly with the focus on the term " such, " which restricts the phrase "any mixture," by referring back to the restrictive phrase "as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II]." Thus, a close reading of the statutory language reveals that "such mixture" applies only to mixtures containing Schedule I or II substances....

...caine, ... in that the said Carlos Girardo Gomez and Patrick David Weller did conspire, combine, agree, or confederate to deliver Cocaine ... in an amount of four hundred (400) grams or more, ... contrary to F.S. 893.135(4), F.S. 893.135(1)(b)(3), F.S. 893.03(2)(a)(4) and F.S....

...Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive 5  possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” ....

...§ 4B1.2(2)." United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir.1994). 15 In 1990, Hutchinson pleaded nolo contendere to a violation of Florida Statutes § 817.563. That law reads, in relevant part: 16 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof 17 It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....

...In the Florida case Hutchinson had pleaded nolo contendere to a violation of Florida statute § 817.563, which appears in Chapter 817 of the Florida Statutes Annotated titled "Fraudulent Practices," in Part I, thereof, titled "False Practices and Frauds, Generally." 37 Sec. 817.563. Controlled substance named or described in s. 893.03; sale of substance in lieu thereof 38 It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....

...eliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. 50 * * * * * * 51 (2) For purposes of this section, "counterfeit controlled substance" means: 52 (a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or 53 (b) Any substance which is falsely identified by its container or labeling as a controlled substance named or described in s. 893.03....

...denied, --- U.S. ----, 115 S.Ct. 1987 , 131 L.Ed.2d 874 (1995) 2 As a general rule, "a sentencing court should apply the guidelines in effect at the time of sentencing." United States v. Aduwo, 64 F.3d 626 , 628 n. 1 (11th Cir.1995) 3 Florida Statutes § 893.03 sets forth the state's standards and schedules concerning controlled substances. See Fla.Stat.Ann. § 893.03 (West 1994) 4 Of course, "[i]n remanding, we express no opinion regarding whether the quantity of cocaine base the [district court believed] was properly attributable to each appellant may ultimately be proven correct." Lawrence, 47 F.3d at...

...uch 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....

...trolled substance in, on or within one thousand feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in section 893.03(1)(a), (1)(b)(1)(d), (2)(a), or (2)(b) is guilty of a felony of the first degree, punishable as provided in section 775.082, section 775.083, or section 775.084. 2. A controlled substance named or described in section 893.03(1)(c), (2)(c), (3), or (4) is guilty of a felony of the second degree, punishable as provided in section 775.082, section 775.083, or section 775.084....

...Gen., and Steven R. Jacob, Asst. Atty. Gen., Miami, for appellee. ALDERMAN, Justice. We have for review by direct appeal Donald Shapiro's conviction for possession of cocaine. Because the trial court upheld the constitutional validity of sections 893.13 and 893.03(2)(a)(4), Florida Statutes (1977), part of the "Florida Comprehensive Drug Abuse Prevention and Control Act," we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972)....

...stions. We hold that the challenged statutes are constitutional and that the trial court's denial of the motion to suppress was proper, and we therefore affirm Shapiro's conviction and sentence. Shapiro's constitutional attack on sections 893.13 and 893.03(2)(a)(4) is totally without merit and warrants only brief discussion....

...In view of our holding that probable cause was not a prerequisite to this limited search in the security boarding area of the airport, we need not reach the question of whether, under the facts of this case, the detective actually had probable cause to search. *351 Accordingly, we hold that section 893.13 and section 893.03(2)(a)(4) are constitutional....

...ating that “[o]n March 26, 1996, [Roye] did unlawfully and knowingly sell, purchase, manufacture, deliver, or was knowingly in actual or constructive possession of more than More than [sic] 28 grams of Cocaine, a controlled substance defined in Section 893.03, contrary to Section 893.135.”3 DE 37-5....

...The information charged, in pertinent part, that Dr. Cilento "did unlawfully and feloniously sell or deliver to [a named individual], by means of a prescription issued in bad faith and not in the course of professional practice, a controlled substance, to wit: methaqualone... ." Section 893.03(3)(a)(6) classifies methaqualone as a Schedule III substance, sale or delivery of which is a third-degree felony *665 under section 893.13(1)(a)(2)....

...http://www.reagan foundation. org/details_f. aspx?p=RR1008 NRHC&tx=6 (last visited on Nov. 1, 2013). . See, e.g., § 893.13(6)(a), Fla. Stat. (2013) ("It is unlawful to be in actual or constructive possession of a controlled substance ....”); § 893.03(l)(c)(7), Fla....

...ontrolled 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....

...unconstitutionally vague as inadequate to meet due process standards of prior fair notice — is plainly unsupportable in the light of State v. Weeks, 335 So.2d 274 (Fla. 1976). In Weeks, the supreme court rejected the claim that a criminal statute, section 893.03(2)(c)(1), which forbids the delivering of a controlled substance by a physician through an order "not issued in good faith," was void for vagueness....

...DONE and RECOMMENDED this 1st day of November, 1983, in Tallahassee, Leon County, Florida. s/Linda M. Rigot LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 NOTES [1] Section 893.03, Florida Statutes (1981), was amended effective July 1, 1982 to delete methaqualone from the list of Schedule II substances and to reclassify it as a Schedule I substance....

...d not consent, the officers would obtain a warrant. The room occupants, including Lee, consented to a search of the room. After seizing the drugs and other items, the officers arrested Lee and charged him with trafficking in cocaine, in violation of section 893.03(2)(a)4., Florida Statutes....

...ional challenge to the statute's constitutionality to the ones covered in Benitez. We again uphold the statute. Appellees contend that section 893.135 violates equal protection by singling out only four [2] of the controlled substances proscribed in section 893.03, Florida Statutes (1979)....

...wly drawn statute. Bigelow v. Virginia, 421 U.S. 809, 95 S.Ct. 2222, 44 L.Ed.2d 600 (1975); Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965). This is not such a case. Phenmetrazine is a controlled substance under Florida law, section 893.03(2)(c)3, Florida Statutes (1977), and no question of the rationality of its regulation is before us....

...rams or more of the substance or "4 grams or more of any mixture containing any such substance..." But if a tablet contains no more than 15 milligrams of hydrocodone along with other active ingredients which are not controlled substances, then under section 893.03(3)(c)4 such tablet is a SCHEDULE III substance and, under section 893.13(1)(a), its sale, manufacture or delivery (or the possession with such intent) is a third degree felony....

...Baxley responds that since the legislature has determined that small amounts of hydrocodone in conjunction with other uncontrolled substances have less potential for abuse than SCHEDULE I or SCHEDULE II substances and have a "currently acceptable medical use," the improper dealing with tablets that comply with section 893.03(3)(c)4 may only be prosecuted as a third degree felony. However, we believe that a proper interpretation of section 893.03(3)(c)4 makes it clear that only a small amount of hydrocodone is a SCHEDULE III substance....

...listed in another schedule ..." We find no conflict. In fact, because hydrocodone appears in both schedules, our interpretation of the statute is given more credence. SCHEDULE III substances include hydrocodone or hydrocodone mixtures which meet the section 893.03(3)(c)4 limitation and SCHEDULE II includes all other hydrocodone....

...ANALYSIS The defendant here was charged with violating section 893.135(1)(b)(1), Florida Statutes (1995). It provides: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in § 893.03(2)(a)(4)., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine." If the quantity involved: a....

...t. Id. at 10. Petitioner contends that the legislative enactment of section 402.36, Florida Statutes (1978 Supp.), which allows cannabis to be used in medical research as the effect of making the classification of cannabis as a Schedule I drug under section 893.03, Florida Statutes (1978 Supp.), irrational and in effect requires this Court to recede from its Hamilton decision....

...In classifying cannabis as a Schedule I drug, the legislature expressly stated that cannabis "has a high potential for abuse and has no currently accepted medical use in treatment in the United States, and in its use under medical supervision does not meet accepted safety standards. " § 893.03(1), Fla....

...To prove that an object found in the possession of the accused is a controlled substance, the state must present the testimony of a qualified expert. The testimony of a non-expert, based on simple observation, will not be enough to establish whether an object is a controlled substance under section 893.03, Florida Statutes (1981)....

...(1997). Pharmacists are licensed and heavily regulated under chapter 465. The prescription drug involved here, Vicodin — which contains hydrocodone — is a controlled substance. See Hayes v. State, 750 So.2d 1, 1 (Fla.1999). Hydrocodone is governed by section 893.03(3)....

...this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) [i.e., Schedule I] or (2)(a) [i.e., Schedule II], or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs." § 893.135(1)(c)1, Fla....

...[4] In the wake of Hayes, the Legislature in 2000 amended Schedule III to delete reference to hydrocodone, thus making four grams or more of hydrocodone, or four grams or more of any mixture containing hydrocodone, a Schedule II drug embraced by the trafficking statute, regardless of the dosage unit. See § 893.03(3), Fla....

...3). We affirm for the reasons set forth below, and certify conflict with the Fifth District Court of Appeal. Holland was charged with five counts of trafficking in "[h]ydrocodone also known as Lortab and/or Vicodin, a controlled substance defined in Section 893.03 Florida Statutes, in violation of 893.135 Florida Statutes." Holland filed a motion to dismiss, accompanied by an affidavit of a licensed pharmacist, attesting that the drug alleged in the information was not a Schedule II drug, but ra...

....135(1)(c), Florida Statutes. The lower court agreed, and dismissed the information. Section 893.135(1)(c)1, Florida Statutes (1993), prohibits the sale, purchase, manufacture, delivery, or possession of 4 grams or more of any substance described in section 893.03(1)(b)(Schedule I narcotics), any substance described in section 893.03(2)(a)(Schedule II narcotics), or 4 grams or more of any mixture containing any such substance....

...vegetable origin or independently by means of chemical synthesis: 1. Opium and any salt, compound derivative, or preparation of opium, except nalmafene or isoquinoline alkaloids of opium, including, but not limited to the following: j. Hydrocodone. Section 893.03(2)(a)1, Florida Statutes (1993)....

...ances or any salts thereof: 4. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances. Section 893.03(3)(c)4, Florida Statutes (1993)....

...charged within the ambit of Schedule III, argues that the trafficking statute nevertheless applies because it prohibits the sale or possession of 4 grams or more of any mixture containing hydrocodone. We disagree. Reading sections 893.135(1)(c)1 and 893.03(3)(c)4 in concert, it is clear to us that, if a mixture containing the controlled substance falls within the parameters set forth in Schedule III, the amount of the controlled substance per dosage unit, not the aggregate amount or weight, dete...

...Alderman, III, Alderman, Hendry & Wallace, Fort Myers, for appellee. GRIMES, Judge. The state appeals the dismissal of a two count information charging appellee with the commission of third degree felonies. The first count charged that appellee "did unlawfully deliver a controlled substance named or described in Section 893.03(2)(c), to-wit: Dexadrine, to TONY HORVATH, by use of a written order for said drug not issued in good faith and in the course of his professional practice." The second count was worded the same except that appellee was charged with delivering a different drug to another person....

...ANALYSIS Greenwade was convicted under section 893.135(l)(b)l., Florida Statutes (2009), which provides: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, *220 commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” ......

...ss harshly. See § 831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009). Under section 817.563: It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....

...ld not be able to determine whether all of them were of exactly the same composition.” . A "counterfeit controlled substance” is defined by section 831.31(2)(a), Florida Statutes (2009), as: A controlled substance named or described in [section] 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance: or (b) Any substance which is falsely identified as a controlled substance named or described in [section] 893.03....

...both charges are third-degree felonies and carry the same penalty. The state charged the defendant with possession of diazepam with intent to sell, which violates section 893.13(1)(a)(2), because diazepam is a schedule IV controlled substance under section 893.03(4)(p)....

...1st DCA 1981) ("Medical necessity was recognized as an arguable defense by this court in Bavero v. State [.]"), review denied, 413 So.2d 875 (Fla. 1982). Although the state conceded at oral argument that the necessity defense exists in Florida's common law, the state nevertheless contends that Section 893.03, Florida Statutes (1989), is inconsistent with and therefore precludes the defense in the case at bar. We disagree. Section 893.03(1) provides: SCHEDULE I....

...ubstances have no currently accepted medical use, the Legislature recognizes that certain substances are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. The state argues that section 893.03 permits no medical uses of marijuana whatsoever....

...Carlile v. Game & Fresh Water Fish Comm'n, 354 So.2d 362, 364 (Fla. 1977) (quoting 30 Fla.Jur. Statutes § 130 (rev. ed. 1974); State v. Egan, 287 So.2d 1, 6-7 (Fla. 1973); Sullivan v. Leatherman, 48 So.2d 836, 838 (Fla. 1950) (en banc). We conclude that section 893.03 does not preclude the defense of medical necessity under the particular facts of this case....

...In pertinent part, section 893.135(1)(b), Florida Statutes, (1985) provides: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine as described in § 893.03(2)(a)4 or of any mixture containing cocaine is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine." If the quantity involved: ......

...rolled substance, or with a specified blood alcohol level. [2] State v. Palmore, 495 So.2d 1170 (Fla. 1986); State v. McPhadder, 452 So.2d 1017 (Fla. 1st DCA 1984); State v. Segura, 378 So.2d 1240 (Fla. 2nd DCA 1979). [3] Controlled substances under section 893.03, Florida Statutes (1985)....

...State, 596 So.2d 1167, 1168 (Fla. 4th DCA 1992) (holding that a defendant may not be charged with two separate offenses premised on two amounts of cocaine, one found in a box and one found in a bag, located in the passenger compartment of the defendant's vehicle). Further, section 893.03(2)(a)(4), Florida Statutes (2005), defines cocaine as: "Cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine." Because the relevant statute does not divide...

...istinct factual events, separated by approximately 2 1/2 hours. There is no double jeopardy impediment to separate convictions and sentences in this context. The defendant was convicted on Counts I and III of sale of cocaine, a second degree felony, § 893.03(2)(a)4, Florida Statutes, punishable by up to 15 years imprisonment....

...ted acts and penalties therefor under the Florida Comprehensive *276 Drug Abuse Prevention and Control Act. Each count alleges a different occasion on which the defendant "unlawfully deliver[ed] a controlled substance named or described in section F.S. 893.03(2)(c)(1) [or (2)] ......

...State, 787 So.2d 259 (Fla. 2d DCA 2001). Appellant alleged he was tried and found guilty of two counts of sale of cocaine and two counts of possession of (the same) cocaine with intent to sell or deliver, all of which offenses are second-degree felonies. § 893.13(1)(a)1 & § 893.03(2)(a)4, Fla....

...We address only one, raised by him initially in a pre-trial motion, because it is dispositive of the appeal. The issue is whether his conviction under the present statute violates the Due Process Clauses of the federal or Florida Constitutions. We hold that it does. Section 893.03, Florida Statutes (1975), gives the standards and schedules of substances controlled by the Drug Abuse Act. Subsection (1) is denominated Schedule I. The subsection recites that substances listed in Schedule I have high potential for abuse and no currently accepted medical use in the United States. Section 893.03(1)(c)(15), part of Schedule I, controls any material which contains a quantity of the hallucinogenic substance "psilocybin." Section 893.13(1)(a)(2) makes possession of psilocybin a felony of the third degree....

...ll bottle. The abandonment of the contraband under these circumstances was not voluntary. California v. Hodari D . Accordingly, we reverse Lang's conviction and adjudication. REVERSED and REMANDED. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 893.03, Fla.Stat....

...cause affidavit and subsequently received a search warrant for the apartment. During the search, cocaine was found. The appellant was arrested and charged with trafficking in 400 grams or more, but less than 150 kilograms, of cocaine in violation of section 893.03(2)(a)4, Florida Statutes (2005)....

...y and feloniously sell or deliver to another person, cannabis, a controlled substance commonly known as marijuana, in violation of Florida Statute 893.13(1)(a)(2); third degree felony" (emphasis supplied). Cannabis is a controlled substance named in section 893.03(1)(c), Florida Statutes (1981). Section 893.13(1)(a)(2) makes it a third degree felony for "any person to sell ... or deliver ... a controlled substance named or described in s. 893.03(1)(c)......

...erties of the drug, and that he would call witnesses to testify about how the DOC is obtaining the drug and whether that process is in compliance with state and federal regulations, given that pentobarbital is a schedule II regulated substance under section 893.03(2), Florida Statutes (2012)....

...a light most favorable to sustain the court's verdict. Thomas v. State, 644 So.2d 597 (Fla. 5th DCA 1994). [2] But in this case the evidence is not sufficient to support the lower court's finding. REVERSED. COBB and THOMPSON, JJ., concur. NOTES [1] § 893.03(2)(a)(4), Fla....

...escription." 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. 893.03." Hydrocodone is one of those substances. § 893.03(2)(a)(1)(j), (3)(c)(3)-(4)....

...8, 2000) (noting that the deletion of hydrocodone from Schedule III "will create an undue and unintended disruption upon the legitimate medical use of numerous medical products"). At the urging of the Florida Board of Medicine and the Florida Board of Pharmacy, the Attorney General exercised his authority under section 893.0355(2) to retain hydrocodone as a Schedule III drug....

...Vicodin HP contains 10 milligrams of hydrocodone and 660 milligrams of acetaminophen. Id. at 528. Vicoprofen contains 7.5 milligrams of hydrocodone and 200 milligrams of ibuprofen. Id. at 529. [3] Hydrocodone is both a Schedule II and a Schedule III drug. § 893.03(2)(a)(1)(j), (3)(c)(3)-(4). A Schedule III drug "has a currently accepted medical use in treatment in the United States." § 893.03(3). Prescription Vicodin tablets would be included in Schedule III because they contain, at the most, 10 milligrams of hydrocodone per tablet. See § 893.03(3)(c)(4) (placing hydrocodone in Schedule III if a dosage unit contains "not more than 15 milligrams" of the drug, with recognized therapeutic amounts of active ingredients that are not controlled substances).

...all provisions of Florida Statutes Chapter 893, including the provision making it unlawful to sell, purchase, manufacture, or deliver, or possess with intent to sell, purchase, manufacture, or deliver, a controlled substance. Under Florida Statutes Section 893.03, marijuana was a controlled substance....

...(1971), "is hereby held for naught" [2] and this appeal is dismissed. OVERTON, C.J., and ROBERTS, ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. NOTES [1] The drug phencyclidine is now specifically listed in the Florida Comprehensive Drug Abuse Prevention and Control Act, Section 893.03(3)(a), Fla....

...der § 4B1.2(2).” United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir.1994). In 1990, Hutchinson pleaded nolo conten-dere to a violation of Florida Statutes § 817.563. That law reads, in relevant part: Controlled substance named or described in s. 893.03; sale of substance in lieu thereof It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....

...denied,U.S. -, 115 S.Ct. 1987 , 131 L.Ed.2d 874 (1995). . As a general rule, "a sentencing court should apply the guidelines in effect at the time of sentencing.” United States v. Aduwo, 64 F.3d 626 , 628 n. 1 (11th Cir.1995). . Florida Statutes § 893.03 sets forth the state's standards and schedules concerning controlled substances. See Fla.Stat.Ann. § 893.03 (West 1994)....

...subject to certain exceptions not relevant here, and that such offense is punishable as a third-degree felony; a "controlled substance," in turn, is defined as including "cocaine... and any salt, compound, derivative, or preparation of cocaine... ." § 893.03(2)(a)(4), Fla....

...Violations of section 893.13(7)(a)(8) are commonly referred to as "doctor shopping.'?D See generally Knipp v. State, 35 Fla. L. Weekly D2898, D2899 (Fla. 4th DCA Dec.22, 2010) (referring to section 893.13(7)(a)(8) as the "doctor shopping" statute). [3] § 893.03(2)(a)(1)( o )....

...ep its proof of the elements of the charged offense. The admission of the report was crucial to the State's case, and its admission at trial against Rivera was error. REVERSED and REMANDED for a new trial. PETERSON and SAWAYA, JJ., concur. NOTES [1] § 893.03(2)(a)4, Fla....

...ation of section 893.135(1)(b) which provided that: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight grams or more of cocaine as described in section 893.03(2)(a)(4) or of any mixture containing cocaine is guilty of a felony of the first degree which felony shall be known as "trafficking in cocaine." ......

that the Sheriff established probable cause. Section 893.03(2) begins with a legislative recognition that

...ot in dispute: Pursuant to a search warrant, an officer seized two bottles of green triangle shaped tablets from appellant's residence; neither the bottle nor the labeling falsely identified the tablets as controlled substances named or described in section 893.03, Florida Statutes; subsequent laboratory analysis established that the tablets were not controlled substances....

...Defendant RICHARD ANDERS was arrested on April 19, 1988. On May 5, 1988, an Information was filed in the Circuit Court of Broward County charging ANDERS with trafficking in cocaine in violation of Florida Statute 893.135(1)(b)(3) and Florida Statute 893.03(2)(a)(4)....

...On September 12, 1985, the state attorney filed an information below charging one Kevin Patrick Brown — not a party to this appeal — with trafficking in cocaine, a serious felony in Florida carrying a minimum mandatory sentence of fifteen years imprisonment. § 893.03(2)(a), Fla....

...Stat. (1993). The Forfeiture Act defines "contraband article" to include "any controlled substance as defined in chapter 893." § 932.701(2)(a)1, Fla. Stat. (1993). Chapter 893 includes cocaine and its derivatives in its list of controlled substances. § 893.03(2)(a)4, Fla....

...1971, 250 So.2d 857, and Young Women's Christian Ass'n of Princeton, N.J. v. Kugler, U.S.D.C.N.J. 1972, 342 F. Supp. 1048." (278 So.2d at page 342: Emphasis the Courts) We emphasize that we do not have here involved controlled substances such as those enumerated in Florida Statute 893.03, nor has there been any allegation or proof of fraud, misrepresentation, coercion or overreaching....

...nt or employee during the time he is in attendance at school or a school sponsored function or while on duty. (3) Drugs as defined in this rule, may be displayed for educational purposes by authorized personnel. Marijuana or cannabis, is included in section 893.03(1)(c), Florida Statutes (1985), among the hallucinogenic substances subject to the chapter entitled "Drug Abuse Prevention and Control." We are reminded in this case of the often heard Shakespearean quotation, "That which we call a ros...

law. 1 Compare Fla. Stat. § 893.03 with 21 U.S.C. § 812 and

...of lysergic acid, while the proof adduced at trial was that the substance purportedly sold by the defendant was in fact lysergic acid diethylamide (LSD). Since the two substances are listed in separate schedules of the controlled substances statute, Section 893.03, Florida Statutes, the defendant argues that there was a fatal difference between the charge and the proof presented at trial which requires reversal....

...2004). We reverse and remand for further proceedings. See Johnson v. State, 433 So.2d 648, 649 (Fla. 2d DCA 1983). The State's information additionally charged Young with one count of possession of not more than 20 grams of cannabis, in violation of section 893.03(1)(c) & 893.13(6)(b), Florida Statutes (2004); and one count of possession of paraphernalia for storage, in violation of section 893.147(1)(a), Florida Statutes....

...to First Step of Volusia County, the trial court shall reference the statutory authority for the imposition of such costs. Sentences VACATED; cause REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] See § 893.13(1)(a)1, Fla. Stat. (1993). See also § 893.03(2)(a)4, Fla....

...Carney, Asst. Atty. Gen., West Palm Beach, for appellant. Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellee. PER CURIAM. Appellee, Terry Lite pled guilty to possession of cocaine in violation of section 893.03(2)(a)4, Florida Statutes (1990)....

...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Ralston appeals from a judgment of conviction for trafficking in cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1987), a sentence of four years' incarceration and a $50,000.00 fine....

...ew trial. BOOTH and POLSTON, JJ., Concur. NOTES [1] Hydrocodone is the active ingredient in the pharmaceutical preparation known as Lortab, which is an analgesic used for pain relief. Hydrocodone is a controlled substance listed under Schedule II in section 893.03(2)(a)1.j., Florida Statutes (1999)....

...om the court that such a defense would not be allowed. In so ruling the court accepted the state's assertion that the defense could not be maintained in light of a statutory change pertaining to the medical use of certain controlled substances under section 893.03, Fla. Stat. This statute catalogs various controlled substances within several schedules, and places marijuana (cannabis) within a Schedule I listing at section 893.03(1)(c). Other groups of Schedule I substances are listed at section 893.03(1)(a)—(d), and the subsection (1) introduction to this listing states that Schedule I substances have "a high potential for abuse" and "no currently accepted medical use in treatment," and that "use under medical supervision does not...

...dards." Jenks explains that this language merely indicates that these substances are not generally available for medical use, but that it does not preclude such use in instances of medical necessity. Jenks further refers to language which was in the section 893.03(1)(d) listing of another Schedule I substance, and which provided that: Notwithstanding the aforementioned fact that Schedule I substances have no currently accepted medical use, the Legislature recognizes that certain substances *334 are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. This language has since been deleted from section 893.03(1)(d), and the question in the present case is whether this statutory change [1] impacts the medical necessity defense recognized in Jenks....

...Game and Fresh Water Fish Commission, 354 So.2d 362 (Fla. 1977). Inference and implication will not substitute for clear expression, and any statutory derogation of the common law should be explicit. Id. The "limited medical uses" language which was formerly contained in section 893.03(1)(d) did not directly address the medical use of marijuana or the defense of medical necessity, and under established rules regarding the preservation of the common law the chapter 93-92 amendment to section 893.03(1)(d) does not affect the defense of medical necessity....

...Although we conclude that Jenks continues to be controlling authority as to the application of the medical necessity defense in this context, we certify the following issue, which is raised by the present case, as a question of great public importance: WHETHER THE CHAPTER 93-92, LAWS OF FLORIDA, AMENDMENT TO SECTION 893.03(1)(D), FLORIDA STATUTES, EFFECTS A CLEAR AND UNEQUIVOCAL ABROGATION OF THE COMMON LAW DEFENSE OF MEDICAL NECESSITY AS RECOGNIZED IN JENKS, AND AS APPLIED TO A SERIOUSLY ILL INDIVIDUAL WHO CULTIVATES MARIJUANA SOLELY FOR PERSONAL USE TO OBTAIN MEDICAL RELIEF? The appealed order is reversed and the case is remanded....

...MINER and MICKLE, JJ., concur. ALLEN, J., concurs with written opinion. ALLEN, Judge, concurring. I concur in the majority opinion except as to the certified question. I do not join in certification because there appears to be no legitimate basis upon which to treat the section 893.03(1)(d) amendment as clearly and unequivocally addressing the defense of medical necessity. NOTES [1] Chapter 93-92, Laws of Florida, effected this amendment while adding an additional substance to the Schedule I listing in section 893.03(1)(d), and leaving marijuana (cannabis) in the listing at section 893.03(1)(c). Chapter 93-92 also deleted an archaic reference in section 893.03(1) to a statute which had authorized a marijuana prescription program which had been discontinued several years before the decision in Jenks....

...For these reasons, we affirm Mr. Hend-ley’s judgment and sentence for obtaining a controlled substance by fraud. Affirmed. MORRIS, J., Concurs. LaROSE, J., Concurs with opinion. . See U.S. Const, amends. IV, XIV; art. I, § 12, Fla. Const. . See § 893.03(2)(a)(l)(o)....

...ifying felony under section 782.04(4). Under section 893.13(l)(a)l., Florida Statutes (2002), possession with the intent to sell, manufacture, or deliver a schedule II controlled substance, regardless of weight, is a felony of the second degree. See § 893.03(2)(a)4., Fla....

...jury relating to causation provided: [T]he State must prove the following three elements beyond a reasonable doubt: One, Jairon Nevius is dead. Two, the death resulted from the unlawful distribution of any substance controlled under Florida Statute 893.03(1) by Michael Aumuller, a person 18 years of age or older....

...etion. Affirmed. CASANUEVA and STRINGER, JJ., Concur. NOTES [1] Section 782.04(1)(a)(3), Florida Statutes (2001), provides: The unlawful killing of a human being:. . . . Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1) ....

...Who are we to say no? The members of the [] Legislature, and not we, know the situation on the streets. . . . 501 U.S. at 988, 111 S.Ct. 2680. The Florida statutes addressing the subject demonstrate that the legislature considers oxycodone to be a potentially dangerous substance. Section 893.03 contains standards and schedules for controlled substances. Oxycodone, a derivative of opium, is listed as a Schedule II substance. § 893.03(2)(a)(1)( o ). "A substance in Schedule II has a high potential for abuse" and "abuse of the substance may lead to severe psychological or physical dependence." § 893.03(2)(a)....

...this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as `trafficking in illegal drugs.'" [2] We commend John M....

...d the name and address of each witness to it pursuant to his timely demand for discovery. We agree and reverse. On July 6, 1978, the state filed an information charging Thompson with possession of cannabis in excess of 100 pounds in violation *92 of Section 893.03(1)(c), Florida Statutes (1977)....

...2d DCA 1979). This defect, therefore, was waived. Although the heading of the information does state that the crime is a third-degree felony, the body of the information makes clear that Williams was charged with possession of cocaine and further cites to section 893.03(2)(a)4, which lists cocaine as a schedule two controlled substance....

...The candlelight was bright enough to allow someone seated on the nearby couch to see all the items on the coffee table except the pills inside the purse. An F.D.L.E. analysis identified the white pills as 23.6 grams of hydrocodone, a controlled substance. § 893.03(2)(a)1.j., Fla....

...was hidden in the leather change purse, we reverse the conviction for Count One and remand for appellant's discharge on that count. Counts Three and Four charged possession of a controlled substance (cocaine) and drug paraphernalia, respectively. §§ 893.03(2)(a)4., 893.13(6)(a), & 893.147(1), Fla....

...gn prosecutions, or sophisticated on-going conspiracies) is not merely imaginary. Section 893.13(1)(b), Florida Statutes (1979), provides, inter alia, that any person who possesses in excess of ten grams of certain controlled substances described in Section 893.03(1)(a) or (b) is guilty of a first-degree felony for *341 which the statute of limitations is four years....

...ENGLAND, C.J., and BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., dissents with an opinion. *13 ADKINS, Justice, dissenting. This is a direct appeal from a decision of the County Court of Volusia County which held sections 893.03(1)(c)(10) and 893.13(1)(f), Florida Statutes (1975), which prohibit possession of marijuana, constitutional....

...Bourassa, was caught attempting to take clothing from a discount store. A policeman arrested her, and when her purse was searched, cannabis was found in it. Ms. Bourassa was charged with, among other things, possession of under five grams of cannabis, in violation of Section 893.03(1)(c) and Section 893.13(1)(f), Florida Statutes....

...and criminal activity for users, were attributed to life styles rather than marijuana use and often predated marijuana use. The doctors all said marijuana was not comparable in effect or dangerousness to the other substances listed as controlled in Section 893.03(1), Florida Statutes (1975)....

...sified. Florida laws governing the use, regulation, distribution and prohibition of drugs were found in Chapter 893, Florida Statutes (1975). The chapter is titled the Florida Comprehensive Drug Abuse Prevention and Control Act and is quite complex. Section 893.03, Florida Statutes (1975) lists some 131 different substances as controlled....

...t identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule [I][II] of Florida Statute 893.03 to any person for the purpose of: a....

...o within Florida]. f. [using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I][II] drug within Florida Statute 893.03....

...t identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule [I][II] of Florida Statute 893.03 to any person for the purpose of: a....

...o within Florida]. f. [using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I][II] drug within Florida Statute 893.03....

...More specifically, Wright argues that the state failed to prove all of the essential elements of the felony offense he was charged with. Wright was charged by amended information with the "actual or constructive possession of a controlled substance, named or described in Section 893.03(1)(c), Florida Statutes, to-wit: more than five grams of Cannabis, contrary to Section 893.13(1)(e), Florida Statutes." Since the state did not allege nor prove a prior conviction under Section 893.13(1)(f), [1] it is only the weight of the cannabis that determines whether the offense is a felony or a misdemeanor....

...BB-343 because that count only charged a misdemeanor. He is correct. § 893.13(1)(a), Florida Statutes (1975), provides that it is unlawful to possess with intent to sell a controlled substance and provides that if the controlled substance is named or described in § 893.03(1)(c) [which includes cannabis], the possessor with intent to sell is guilty of a felony....

...many distinctly different substances—some banned by law, some not. The alleged crime is possession for sale of a controlled substance [1] in violation of § 893.13(1)(a)1, defining the contraband as a "controlled substance named or described in ... § 893.03[]." The Information alleged he intended to sell the substance named or described in § 893.03(2)(a)4 as "cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine." See § 893.13(1)(a)1 and § 893.03(2)(a)4....

...Since our ruling on these points is determinative, there is no need to consider the other point raised on appeal, i.e., whether ownership of the contraband in question was properly attributed to appellant. The order appealed is hereby Reversed. NOTES [1] § 322.34 Fla. Stat. (1979). [2] § 893.03(2)(a)(4) Fla. Stat. (1979). [3] Appellant had originally been charged by information on June 26, 1976 with two counts of possession of controlled substances (heroin and cocaine) in violation of § 893.03 Fla. Stat. (1975), was later charged on October 27, 1977, with possession of unlawful sale of a controlled substance (heroin) in violation of § 893.03 Fla....

...ther than consensual, and that Taylor voluntarily consented to a search of his person. See Lecorn v. State, 832 So.2d 818 (Fla. 5th DCA 2002); Eldridge v. State, 817 So.2d 884 (Fla. 5th DCA 2002). AFFIRMED. GRIFFIN and PALMER, JJ., concur. NOTES [1] § 893.03(1)(c)(7), Florida Statutes (2002)....

...brings into the state, or who is in actual or constructive possession of 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs." In Hayes v....

...The issue in both cases was how to determine whether prescription tablets containing hydrocodone as well as a noncontrolled substance met the trafficking threshold of section 893.135(1)(c)1. The supreme court pointed out that section 893.135(1)(c)1 applies only to substances listed on Schedules I and II. See §§ 893.03(1)(b) and 893.03(2)(a). Hydrocodone is listed on both Schedules II and III. See §§ 893.03(2)(a) and 893.03(3)(c)(4). Only Schedule III, however, sets forth an amount restriction: "Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit ...." § 893.03(3)(c)4....

...(usually acetaminophen) are to be measured by their aggregate weight in determining whether a trafficking amount is present. This interpretation is supported by the fact that Schedule II contains no per dosage unit language as does Schedule III. See § 893.03(2)(a)....

...n of Florida Statute 777.04, agree, conspire, combine and confederate together and with one another, to sell, manufacture, deliver or bring into the State of Florida: (a) in excess of 100 pounds of cannabis, a substance controlled by Florida Statute 893.03(1)(c), which act is prohibited and declared to be a felony by Florida Statute 893.13(1)(a)(2) and in furtherance of said conspiracy to bring into Florida and sell or deliver in excess of 100 pounds of cannabis, said conspirators did certain ac...

...For the following reasons, we quash the decision of the Fifth District Court of Appeal. Domina Travis (Travis) was charged under section 893.135(1)(c)1.b., Florida Statutes (1997), with trafficking in fourteen grams or more of oxycodone, a schedule II controlled substance listed in section 893.03(2)(a)1....

...this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs." (Emphasis added.) This Court in Hayes v....

...ed which controlled. See Hayes, 720 So.2d at 1097. We, however, conclude that the statute must be read strictly with the focus on the term "such," which restricts the phrase "any mixture," by referring back to the restrictive phrase "as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II]." Thus, a close reading of the statutory language reveals that "such mixture" applies only to mixtures containing Schedule I or II substances....

...ent point of the discussion involved the language from schedule III which leads to the conclusion that hydrocodone cannot be aggregated. We said: Each schedule states that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a), .03(3)(c)....

...The Appellant was convicted by a jury under an information which charged that: Debbie Lynn Marshall, on the 29th day of March, 1977, in said County and State, did in violation of Florida Statute 893.13(1)(a), unlawfully, deliver CANNABIS, commonly known as Hashish, a substance controlled by Florida Statute 893.03(1)(c)....

...The misdemeanor exception is applicable only to Cannabis sativa, L, commonly known as marijuana, and not to cannabis commonly known as hashish. Section 893.13(1)(a)(2) establishes that the unlawful delivery of any amount of cannabis, commonly known as hashish, is a felony of the third degree because of its *278 inclusion in section 893.03(1)(c), Florida Statutes....

...Trafficking in cocaine is defined under section 893.135(1)(b) as follows: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 28 grams or more of cocaine as described in § 893.03(2)(a)4 or of any mixture containing cocaine is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine"....

...annabis with intent to sell but did not specify an amount of twenty grams or more, thus was only a misdemeanor. We reverse. The trial court relied on Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977), which blended together sections 893.13(1)(a), 893.03(1)(c), and 893.13(1)(f) of the Florida Statutes (1975), to determine that one who possesses cannabis with intent to sell less than the threshold amount [in 1977, five grams, now twenty grams] is guilty only of a first degree misdemeanor, not a felony....

...d unjustifiably abridge the statutes *256 and usurp the power of the legislature to define what is or is not a crime. The mere possession of a "controlled substance" is a crime. § 893.13(1)(e), Fla. Stat. (1985). Cannabis is a controlled substance. § 893.03(1)(c)3, Fla....

...One who possesses 20 grams or more is guilty of a third degree felony. § 893.13(1)(e), Fla. Stat. (1985). Possession of "not more than 20 grams" is a first degree misdemeanor. § 893.13(1)(f), Fla. Stat. (1985). On the other hand, possession with intent to sell cannabis is a third degree felony. §§ 893.13(1)(a); 893.03(1)(c)3, and 893.13(1)(a)2 Fla....

...Muschott, of Brennan & Muschott, Fort Pierce, for James Kansinger Jones. Alan H. Schreiber, Public Defender, and Channing E. Brackey, Asst. Public Defender, Fort Lauderdale, for Robert Daley. OVERTON, Justice. This cause involves consolidated appeals from trial court orders declaring section 893.03(1)(c), Florida Statutes (1978 Supp.), unconstitutional as applied to the classification of cannabis as a prohibited drug....

...not just that of his person. We cannot say the trial court's determination is clearly erroneous. Davis v. State, 594 So.2d 264 (Fla.1992); State v. Smith, 632 So.2d 1086 (Fla. 5th DCA 1994). AFFIRMED. THOMPSON, CJ., and PALMER, J., concur. NOTES [1] § 893.03(2)(a)(4), Fla....

...le possession. Thus, Williams' possession of the contraband immediately before it was discovered by the officer, can reasonably be inferred from the undisputed facts in this case. REVERSED and REMANDED. SAWAYA, C.J., and TORPY, J., concur. NOTES [1] § 893.03(2)(a)4., Fla....

...ss was improper and grant the writ. Matthew Farley was charged by information with delivery of cocaine within 1,000 feet of a place of worship in violation of section 893.13(1)(e)(1), Florida Statutes (1998) and possession of cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1998)....

...We accepted jurisdiction to review Sowell v. State, ___ So.2d ___, 23 Fla. L. Weekly D549, 1998 WL 64945 (Fla. 1st DCA Feb. 19, 1998), to answer the following question certified to be of great public importance: WHETHER THE CHAPTER 93-92, LAWS OF FLORIDA, AMENDMENT TO SECTION 893.03(1)(D), FLORIDA STATUTES, EFFECTS A CLEAR AND UNEQUIVOCAL ABROGATION OF THE COMMON LAW DEFENSE OF MEDICAL NECESSITY AS RECOGNIZED IN JENKS, AND AS APPLIED TO A SERIOUSLY ILL INDIVIDUAL WHO CULTIVATES MARIJUANA SOLELY FOR PERSONAL USE TO...

...t is unlawful for any person to sell, manufacture, or deliver, 3 or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(l)(a), (l)(b), (l)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the second degree, punishable as provided in s....

...Section 893.13 Violates Due Process Because its Penalties are Too Severe It cannot reasonably be asserted that the penalty for violating Florida’s drug statute is “relatively small.” A violation of § 893.13(l)(a)(l), for delivery of a controlled substance as defined in Schedule I, Fla. Stat. 893.03(1), is a second degree felony, ordinarily punishable by imprisonment for up to fifteen years....

whether an object is a controlled substance under section 893.03, Florida Statutes (1981). It is the testimony

...of Ferrell & Ferrell, Miami, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. DAUKSCH, Chief Judge. On appeal is a conviction of possession of more than one hundred pounds of cannabis, a proscribed drug under section 893.03(1)(c), Florida Statutes (1977)....

...State, 366 So.2d 8 (Fla. 1978), our Supreme Court ruled this statute constitutional when it was attacked by an allegation that it is arbitrary, irrational and against the best scientific evidence to classify it as a proscribed drug. Here the appellant has attacked Section 893.03(1)(c), Florida Statutes, by alleging that statute is so vague as to be unconstitutional....

...Oleckna is the personal representative of the Estate of Steven Porter. . Hydrocodone is a Schedule II and III narcotic, and a controlled substance. Oxycodone is a Schedule II narcotic and controlled substance. Alprazolam is a Schedule IV controlled substance. See § 893.03, Fla....

..."A substance listed in Schedule II has ‘a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence.' ” Hayes v. State, 750 So.2d 1, 4 (Fla.1999) (quoting § 893.03(2), Fla....

...Section 893.135(l)(b) 1., Florida Statutes (2010), provides: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine,” punishable as provided in s....

...CERVONE, STATE ATTORNEY for the Eighth Judicial Circuit, prosecuting for the State of Florida, under oath, further alleges, by information that JAMES TYLER, III, in Alachua County, Florida, on or about March 10, 2011, was unlawfully in actual or constructive possession of a controlled substance named or described in Section 893.03(Z )(c), Florida Statutes, to-wit: not more than 20 grams of cannabis, contrary to Section 893.13(6)(b), Florida Statutes....

...phetamine) in violation of section 893.13(1)(a), Florida Statutes (2003), and count two, possession of a controlled substance (methamphetamine) in violation of section 893.13(6)(a). Methamphetamine is *41 a controlled substance named or described in section 893.03(2)(c)(4), and delivery of methamphetamine is a second-degree felony under section 893.13(1)(a)(1)....

...Horne's minimum permissible sentence under the Code was 87.525 months' imprisonment. Although our prior opinion might be read to suggest otherwise, the statutory maximum sentence for delivery of methamphetamine is fifteen years' imprisonment. [2] §§ 775.082(3)(c), 893.03(2)(c)(4), 893.13(1)(a)(1), Fla....

...s. Florida has its own standards and schedules for classifying controlled substances, the Florida Schedules, which slightly differ from the Federal Schedules. Under the Florida Schedules, Mar-inol is classified as a Schedule III Drug. See Fla. Stat. § 893.03 (2)—(3)....

...on. See Note §§ 893.13(3) and 893.13(6)(b), Fla. Stat., if the charge involves possession or delivery without consideration of not more than 20 grams of cannabis. If the State alleges the defendant possessed a controlled substance listed in § 893.03(1)(c)46.-50., 114.-142., 151.-159, or 166.-169., in an amount more than 3 grams, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor necessary lesser-included offense of simple possession. See § 893.13(6)(b). There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6) Fla....

...delivery is charged If possession is charged 893.13(6)(a) Comment There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6) Fla....

...22  If delivery of cannabis is 893.13(3) charged Comment There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6) Fla....

...The substance was (specific substance alleged). § 893.13(6)(b) Fla. Stat. The jury must make a finding as to weight if the defendant is charged with possessing more than 20 grams of cannabis or more than 3 grams of a substance listed in § 893.03(1)(c)46-50, 114-142, 151-159, or 166-169 Fla. Stat. 4. The [cannabis weighed more than 20 grams] [(insert name of substance listed in 893.03(1)(c)46-50 , 114-142, 151-159, or 166-169) weighed more than three grams]. § 893.13(6)(c) Fla. Stat. The jury must make a finding as to weight if the defendant is charged with violating § 893.13(6)(c) Fla. Stat. 4. The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)] [combination of (insert names of 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....

...ense. POSSESSION OF A CONTROLLED SUBSTANCE – 893.13(6) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of Less 893.13(6)(b) 25.7 than 20 Grams of Cannabis or Possession of Less than 3 Grams of a Substance listed in 893.03(1)(c)46-50, 114-142, 151-159, or 166-169, if the felony level of these substances is charged Attempt 777.04(1) 5.1 36  Comment Note § 893.13(6)(b), Fla....

...See § 893.13(6) Fla. Stat. Delivery of Less than 20 Grams of Cannabis Without Consideration is a first degree misdemeanor. See § 893.13(3) Fla. Stat. There is no crime of Attempted Delivery because the definition of “delivery” in §893.03(6) Fla....

...lesser-included offense of Trafficking in Cocaine via Sale. However, Possession of Cocaine is a necessarily-lesser included offense if the defendant is charged with Trafficking via Possession. There is no crime of Attempted Delivery because the definition of “delivery” in §893.03(6) Fla....

...via Sale. However, Possession of a Controlled Substance is a necessarily-lesser included offense if the defendant is charged with Trafficking via Possession. There is no crime of Attempted Delivery because the definition of “delivery” in §893.03(6) Fla....

...yclidine via Sale. However, Possession of Phencyclidine is a necessarily-lesser included offense if the defendant is charged with Trafficking via Possession. There is no crime of Attempted Delivery because the definition of “delivery” in §893.03(6) Fla....

...haqualone via Sale. However, Possession of Methaqualone is a necessarily-lesser included offense if the defendant is charged with Trafficking via Possession. There is no crime of Attempted Delivery because the definition of “delivery” in §893.03(6) Fla....

...duly determined that the allegations of ineffective assistance of counsel were unfounded. Sentencing for New Offenses The trial court sentenced appellant as a habitual felony offender for possession of a controlled substance (cocaine, as defined in section 893.03, Florida Statutes (1993)) in violation of section 893.13, Florida Statutes (1993), the offense alleged in count II of the information filed in Case No....

...ptions to one former patient between 26 March 1983 and 2 September 1984. The complaint alleged that during that period Thompson wrote for this person eleven (11) prescriptions of thirty (30) tabs each for Demerol (a Schedule II controlled substance, Section 893.03, Florida Statutes) and 18 prescriptions of 100 tabs each, each refillable 5 times, for Tylenol IV (a Schedule III controlled substance, Section 893.04, Florida Statutes)....

...1997. [1] She received terms of probation for these offenses at a sentencing hearing on July 15, 1997. The FDLE laboratory eventually determined that the pills were dextropropoxyphene and alprazolam, which are schedule IV controlled substances. See § 893.03(4)(a, o), Fla....

.... . .” § 893.13(1)(c), Fla. Stat. (2018). Because Vana sold heroin and fentanyl, his proximity to a specific type of park had significant consequences; it doubled his potential maximum sentence for each sale. See id. § 893.13(1)(a)1, (c)1.; § 893.03(1)(a)63., Fla. Stat. (2018) (fentanyl); § 893.03(1)(b)11., Fla....

...(quoting Woodham v. Blue Cross & Blue Shield, Inc., 829 So. 2d 891, 898 (Fla. 2002))). For instance, section 782.04(1)(a)3, Florida Statutes (2020), classifies as a capital felony the distribution of multiple controlled substances enumerated under section 893.03 "when such substance or mixture is proven to be the proximate cause of the death of the user." Faced with section 893.21(2)'s ambiguity, and to maintain consistency with these related statutory provisions, we read section 893.21 to...

a sale of cocaine, a controlled substance. See § 893.03(2)(a)4. The affidavit did not say anything about

...Furthermore, we need not address appellant’s entrapment argument. Accordingly, appellant’s judgment and sentence are REVERSED and the cause REMANDED with directions to discharge appellant. OTT, C.J., and LEHAN, J., concur. . A controlled substance described in Section 893.03(l)(c)3, Florida Statutes (1981)....

...it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to: 2. A controlled substance named or described in s. 893.03(l)(c), (2)(c), (3), or (4) is guilty of a felony of the third degree.......

substance as outlined in Schedule [I] [II] of Florida Statute 893.03 to any person for the purpose of exploitation

...government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule [I] [II] of Florida Statute 893.03 to any person for the purpose of exploitation of that person.: a....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...government identification document, of any person; Causing or threatening to cause financial harm to any person; Enticing or luring any person by fraud or deceit; or Providing a controlled substance as outlined in Schedule [I] [II] of Florida Statute 893.03 to any person for the purpose of: a....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

State, Fla.App.1974, 296 So.2d 609 and Fla.Stat. § 893.03 F.S.A. Appellant secondly contends the trial court

THEREOF of a controlled substance defined in Section 893.03, contrary to Section 893.135, Florida Statutes

LAWRENCE, Judge. Dennis M. Watkins (Watkins) appeals his convictions and sentences for marijuana-related offenses in two cases, consolidated before us for review. He argues that the inclusion of cannabis as a schedule I drug in section 893.03(1), Florida Statutes (1993), is unconstitutional....

...His claim *593 that the inclusion of cannabis as a schedule I drug denies him due process and equal protection has been rejected previously. The Florida Supreme Court holds that the placement of cannabis in schedule I of the list of controlled substances in section 893.03 is constitutional....

...er Schedule I. Watkins’ convictions and sentences are affirmed. WEBSTER and PADOVANO, JJ., concur. . No claim is made in the instant appeal that the appeal is prompted by any statutory amendment. Cannabis has been a schedule I drug since 1973. See § 893.03, Fla....

...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. Stat. (2016). Cannabis, or marijuana, is statutorily defined as a Schedule I controlled substance. § 893.03(1)(c)7., Fla. Stat. (2016). A Schedule I substance is one that “has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards.” § 893.03(1), Fla....

...the provisions of this section” and “[n]othing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana.” Art. X, § 29(c)(1)-(2), Fla. Const. Accordingly, nothing in the amendment expressly repeals section 893.03(1)(c)7. Florida courts have long held that “[a] statute valid when enacted, and made effective, is not invalidated by a subsequent amendment to the Constitution, unless the amendment is designed to have that effect.” Neisel v....

...l over the setting of an appropriation for the expenditure of tuition and fees because the amendment did not expressly transfer the Legislature’s authority to raise revenue and appropriate for the expenditure of state funds). As such, we find section 893.03(1)(c)7., Florida Statutes, constitutional, and we affirm appellant’s judgment and sentence. AFFIRMED. WOLF, LEWIS, and ROWE, JJ., concur. 2  _____________________________ Not final until disposition of any timely and authorized motion under Fla....

...When FDLE Special Agent Lawson asked whether he had drugs or anything else in his vehicle that could get him in trouble, the appellant answered that he had Dilaudid in his gym bag. Hydromorphone, also known as Dilaudid, is a Schedule II controlled substance. § 893.03(2)(a)1.k., Fla....

BROWNING, J. Pablo Burgos (Appellant) was charged with trafficking in cocaine in an amount of 28 grams or more and less than 200 grams pursuant to section 893.03(2)(a)4., Florida Statutes (2003), or any mixture containing 28 grams or more but less than 200 grams of cocaine pursuant to section 893.135(1)(b)1.a., Florida Statutes (2003)....

...sell or deliver, and resisting an officer without violence. We reverse and remand with instructions to discharge Rivera. I. Background  Rivera was charged in count 1 with trafficking in fentanyl (28 grams or more) based on his possession of a fentanyl derivative as identified in section 893.03(1)(a)62, Florida Statutes (2022), and in count 2 with possession with intent to sell or deliver methamphetamine....

...able to order an amount of fentanyl from a suspect that they knew as Nephew." Detective Burnham was then asked, "And to your knowledge 1 The information provided that the methamphetamine for which Rivera was charged is as described in subsections 893.03(1)(c), (2)(c)1, (2)(c)2, (2)(c)3, (2)(c)6, (2)(c)7, (2)(c)8, (2)(c)9, (2)(c)10, (3), or (4), Florida Statutes (2022). 2 The suppression hearing at issue in this case also covered a related case....

...In the order on review, the court found, "After [Rivera] walked past the covert vehicle, Detective Sequiera gave the signal to arrest [Rivera]." 5 Rivera was charged with trafficking of a fentanyl derivative. Whereas fentanyl derivatives are schedule I controlled substances identified in section 893.03(1)(a)62, fentanyl is a schedule II controlled substance identified in section 893.03(2)(b)9. 4 were provided....

...the extent of illicit drug activity in the area where appellant was arrested. Appellant suggests that the trial judge’s real concern was in his disagreement with the legislature in categorizing LSD with other Schedule I substances as set forth in Section 893.03, Florida Statutes....

commonly known as Marijuana, in violation of Florida Statute 893.3(l)(a)(2) [893.-13(l)(a)(2)]_ (Emphasis supplied)

.... Section 893.135(l)(b) states in pertinent part: Any person who knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine as described in section 893.03(2)(a)4....

...was charged and that the motion to dismiss was facially insufficient, we reverse. Background The State filed an information charging Quetglas in count I with possession of gamma-hydroxybutyric acid (GHB), a schedule II controlled substance listed in section 893.03(2)(b)(ll), Florida Statutes (2000)....

...stance because the substance in question was not GHB but had been determined by the Florida Department of Law Enforcement drug lab to be gamma butyrolaetone (GBL). The motion contended that because Quetglas possessed GBL, a substance not found under section 893.03(2)(b), Quetglas did not possess a substance prohibited by Florida law. The trial court initially denied Quetglas’s motion to dismiss, ruling that although GBL was not a listed substance in the statute, it was an ester of GHB and thus proscribed under section 893.03(2)(b). But the trial court subsequently vacated its previous order and granted Quetglas’s motion. The trial court’s decision to grant the motion was based on the fact that after Quetglas’s alleged offense the legislature had amended section 893.03 by adding GBL as a specifically named controlled substance in schedule I. See § 893.03(l)(d)(2), Fla. Stat. (2001). The trial court reasoned that the legislature’s subsequent action in specifically listing GBL meant that the version of section *362 893.03(2)(b) in force at the time of Quetg-las’s alleged offense necessarily excluded GBL....

...The court relied on the canon of statutory construction that the expression of one thing is the exclusion of another (expressio unius est exclusio alterius). Argument on Appeal The State contends on appeal that (a) the trial court’s reliance on the canon-of construction was misplaced and the trial court misinterpreted section 893.03(2)(b), Florida Statutes (2000); (b) the possession of GBL was prohibited by section 893.03(2)(b)(ll) if GBL is an isomer, ester, ether, or salt of GHB; and (c) the issue of whether GBL was an isomer, ester, ether, or salt of GHB was a question of fact to be determined by the trier of fact....

...��has done an extensive search on the schedule of prohibited substances ... and has been unable to find [GBL] as a prohibited substance.” Contrary to the claim in Quetglas’s motion, these facts fail to show that,a prima facie case did not exist. Section 893.03(2)(b) provides that all substances listed therein, “including their isomers, esters,- ethers, salts, and salts of isomers, esters, and ethers” are controlled substances under schedule II “[u]nless specifically excepted or unless listed in another schedule.” Quetglas’s motion merely asserted that defense counsel could not “find [GBL] as a prohibited substance.” This assertion established nothing. A schedule II controlled substance need not be specifically named in section 893.03(2). Instead, the statute provides that all isomers, esters, ethers, and salts of the specifically named substances as well as the salts of the isomers, esters, and ethers are included in the schedule unless specifically excepted. § 893.03(2)(b). Substances within the described categories of chemically related substances are as much controlled substances as are the specifically listed substances. In 2001, the legislature transferred GHB to schedule I. See § 893.03(1)(d)(3), Fla. Stat. (2001). The legislature also specifically named GBL in schedule I. See § 893.03(1)(d)(2). Contrary to the trial court’s view, these statutory changes do not establish as a matter of law that GBL does not fall within one of the categories of chemically related substances for GHB referred to in section 893.03(2)(b), Florida Statutes (2000). Under the statutory scheme, a substance that falls within one of the categories of chemically related substances described in a particular schedule will not be *363 covered by that schedule if it is listed m another schedule.” § 893.03(2)(b)....

...of substances that are specifically named and substances falling within a described category of chemically related substances. Under such a statutory scheme, there is no arguable basis for the inference that the specific naming of a substance under section 893.03 means that the substance could not be within one of the categories of chemically related substances described in an earlier version of the statute....

...It simply presents a factual — or scientific — question regarding whether GBL is in one of the covered categories of chemically related substances. The expressio unius canon has no relevance to the factual question of whether GBL is in one of the categories of chemically related substances described in the version of section 893.03(2)(b) in force when Quetglas’s alleged offense occurred....

...Conclusion Whether GBL is a substance within one of the described categories of chemically related substances is a question of fact. And Quetglas’s motion to dismiss does not address that factual question. The motion at no point asserts that GBL is not within the described categories of chemically related substances under section 893.03(2)(b). Because Quetglas’s motion failed to assert that GBL is not included in section 893.03(2)(b) under one of the described categories of chemically related substances, his motion did not demonstrate that the undisputed facts failed to establish a prima facie case....

“penicillin is an amphetamine.” The order cites section 893.-03(2)(c)(2), Florida Statutes (1991), for this

...there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession. See § 893.13(6)(b), Fla. Stat. There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...Possession is not a necessary lesser-included offense of either Sale or Manufacture of a Controlled Substance. State v. McCloud, 577 So. 2d 939 (Fla. 1991); Anderson v. State, 447 So. 2d 236 (Fla. 1st DCA 1983). There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...Possession is not a necessary lesser-included offense of either Sale or Manufacture of a Controlled Substance. State v. McCloud, 577 So. 2d 939 (Fla. 1991); Anderson v. State, 447 So. 2d 236 (Fla. 1st DCA 1983). There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...given as a lesser-included offense because of State v. McCloud, 577 So. 2d 939 (Fla. 1991)(holding that possession of cocaine is not a lesser-included offense of sale of cocaine). Also, there is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...led Substance should not be given as a lesser-included offense. Comments - 81 -  There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...The C.I. further stated that he had purchased Cannabis from Argelio Cruz at 209 Sweetgum Court approximately six (6) months ago. Within the last seventy-two (72) hours, the C.I. was searched and found to be free of any controlled substances named in Section 893.03 F.S.; the C.I....

...Section 943.41(2)(a), Florida Statutes (1980 Supp.), defines contraband article as: “any controlled substance as defined in Chapter 893 .... ” [Here, Peterson attempted to sell the off-duty police officer Methaqualone which is a controlled substance under Section 893.03(2)(c)5., Florida Statutes (1980 Supp.)....

POLEN, Judge. Appellant seeks review of his judgment and sentence of four and one-half years incarceration for possession of cocaine in violation of section 893.03, Florida Statutes (1987)....

...Here, the record reflects sufficient evidence from which the jury could reasonably infer guilt and reject appellant’s version of the events. We affirm the judgment. *1275 Although appellant was charged with possession of cannabis over twenty grams in violation of sections 893.03(l)(c) and 893.-13(1)(f), Florida Statutes (1987), and found guilty of such, the written judgment reflects the violation was possession of cocaine....

...there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession. See 893.13(6)(b), Fla. Stat. If the State alleges the defendant possessed a controlled substance listed in § 893.03(1)(c)46.–50., 114.–142., 151.–159, or 166.–16973., in an amount more than 3 grams, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor necessary lesser-included offense of simple possession. See § 893.13(6)(b)., Fla. Stat. -9-  There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...Attempt, except when 777.04(1) 5.1 delivery is charged Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...INS. STAT. NO. Delivery of a Controlled 893.13(1)(a) 25.2 Substance Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...The substance was (specific substance alleged). § 893.13(6)(b), Fla. Stat. Give if applicable. The jury must make a finding as to weight if the defendant is charged with possessing more than 20 grams of cannabis or more than 3 grams of a substance listed in § 893.03(1)(c)46–50, 114–142, 151–159, or 166–16973 Fla. Stat. 4. The [cannabis weighed more than 20 grams] [(insert name of substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166– 16973) weighed more than three grams]. § 893.13(6)(c), Fla. Stat. The jury must make a finding as to weight if the defendant is charged with violating § 893.13(6)(c), Fla. Stat. 4. The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)] [combination of (insert names of substances listed in 893.03(1)(a) or - 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....

...nses POSSESSION OF A CONTROLLED SUBSTANCE — 893.13(6) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of Less 893.13(6)(b) 25.7 than 20 Grams of Cannabis or Possession of Less than 3 Grams of a Substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166–16973, if the felony level of these substances is charged Attempt 777.04(1) 5.1 Comments Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

or obtained a controlled substance listed in section 893.03, Florida Statutes. The trial court should have

...vised that it would send back an answer that the jury must rely on its collective memory. Both counsel responded that they did not object. Finally, the jury asked, "Is there a statue (sic) for the DUI we may see, possibly statue (sic), Florida Law F.S. 893.03?" Again, both defense counsel and prosecution agreed on the response....

...se, manufacture, or deliver, ... a controlled substance in, on, or within 200 feet of the real property comprising a public housing facility, ... Any person who violates this paragraph with respect to: 1. A controlled substance named or described in § 893.03(l)(a), (l)(b), (l)(d), (2)(a), or (2)(b) commits a felony of the first degree, ......

...The statute provides: (1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to: (a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 831.31(1)(a), Fla. Stat. (2020). Cocaine is a substance named and described in section 893.03(2). A counterfeit controlled substance is defined in section 831.31(2) as follows: (a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, 3  of a manufacturer other than the person who in fact manufactured the controlled substance; or (b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03. § 831.31(2), Fla....

...labelling, which contains some identifying mark, number, or likeness of a trademark of a manufacturer other than the person who in fact manufactured the product. Alternatively, the State must prove that the substance is falsely identified as a controlled substance listed in section 893.03. The Fifth District explained the statutory requirements in J.L.F....

PER CURIAM. The opinion of the trial court, finding section 893.03(1)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

ORFINGER, Judge. The trial court dismissed the information charging the defendants with one count of trafficking in cocaine in violation of section 893.03(2)(a), Florida Statutes (1987)....

...Robbery; e. Burglary, f. Kidnapping, g. Escape, h. Aggravated child abuse, i. Aircraft piracy, or j. Unlawful throwing, placing, discharging of a destructive device or bomb; or 3.Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s....

...1.242, Florida Statutes. We find no indication of legislative intent to elevate the underlying felony of unlawful distribution of opium to a separate category. In 1987 the statute was amended to include distribution of any controlled substance under section 893.03(1), Florida Statutes, cocaine as described in section 893.03(2)(a)4, Florida Statutes....

...Public Defender, West Palm Beach, for appellee. PER CURIAM. Defendant was charged by information with one count of purchasing cocaine at or near a school in violation of section 893.13(1)(e) & (f), Florida Statutes (1987), and one count of possession of cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1987)....

...d package of the green, leafy substance seized to establish the statutory threshold weight for trafficking in a controlled substance. Based on the recent changes to the law, we agree. Cannabis is classified as a Schedule I controlled substance. § 893.03(1)(c)7, Fla....

...s must be reversed. The State did establish, however, that Campbell was in possession of illegal cannabis weighing less than twenty-five pounds based on the 24.47-gram sample from one bundle which tested positive for cannabis. See §§ 893.13(6)(a), 893.03(1)(c)....

GRIFFIN, J. On May 12, 2011, the State charged Demetric McMillon [“McMillon”] with delivery of cocaine in violation of Florida Statutes section 893.03(2)(a)(4) (2011)....

...Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma- butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as “trafficking in gamma- butyrolactone (GBL)” ....

...facing up to thirty years in prison and a minimum mandatory sentence for his charges. 2 Like trafficking in GBL, trafficking in GHB is also a first degree felony. § 893.135(1)(h)1., Fla. Stat. (2011). Both GBL and GHB are classified as schedule I controlled substances. § 893.03(1)(d), Fla....

...If defense counsel recommends a defendant accept a plea offer, a Nelson inquiry is not required, absent allegations the lawyer is incompetent. Merelus v. State, 735 So.2d 552 (Fla. 3d DCA 1999). AFFIRMED. PETERSON and GRIFFIN, JJ., concur. . § 893.13(l)(a)(l), Fla. Stat. (1997). . § 893.03(2)(a)(4), Fla....

...deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4....

...775.082, s. 775.083, or s. 775.084. (Emphasis added.) By using the word "a" before "controlled substance," the legislature indicated its intent to punish a defendant for the sale of each type of controlled substance listed in sections 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)(4)....

...Chapter 893 is meant "to comprehensively address drug abuse prevention and control in this state." § 893.015, Fla. Stat. (2017). The plain language of section 893.13(1)(a), Florida Statutes (2016) generally focuses on various controlled substances as "named or described" in various subsections of section 893.03. Under section 893.13(1)(a), the type of drug sold determines whether sale of a controlled substance is a second-degree felony, third-degree felony, or first- degree misdemeanor. Section 893.03, in turn, divides drugs into categories (schedules) based on different characteristics and varying risk of abuse....

in violation of section 893.13(l)(a)l., and section 893.03(2)(a)4., Florida Statutes (1995). We vacate

to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional

...e of that charged. The state’s information charged that the defendant did: knowingly sell, manufacture, deliver, or bring into this State, or was/were knowingly in actual or constructive possession of Cocaine, a controlled substance described in F.S. 893.03(2)(a)4, or any mixture containing cocaine, in an amount of twenty-eight (28) grams or more, but less than two hundred (200) grams.......

...§ 924(e)(1), his conviction for a drug crime under a Florida statute. That statute prohibited the sale, pur- chase, manufacture, delivery, or possession with intent to distribute of “a controlled substance.” FLA. STAT. § 893.13(1)(a)(1) (1991); see id. § 893.03 (controlled substance schedule)....

...rrower than the fed- eral definition. Dissenting Op. at 1. When Laines was convicted of possessing cocaine with intent to sell, Florida law encompassed, as it still does, “any” stereoisomer of cocaine, FLA. STAT. § 893.03(2)(a)(4) (1991), but federal law covered only “optical and geometric isomers,” 21 U.S.C....

...USCA11 Case: 20-12907 Document: 77-1 Date Filed: 06/06/2023 Page: 25 of 40 20-12907 ROSENBAUM, J., Dissenting in Part 3 any salt, compound, derivative, or preparation of cocaine or ecgon- ine.” Fla. Stat. § 893.03(2)(a)(4) (emphasis added)....

...error review. See infra Part II. Because the government sought to apply an enhancement, it had the burden in the district court to establish that the enhancement applies. And given Chamu’s recog- nition that the plain language of section 893.03(2)(a)(4) on its face encompasses nongeometric diastereomers, it has not done so. USCA11 Case: 20-12907 Document: 77-1 Date Filed: 06/06/2023 Page: 35 of 40 20-12907 ROSENBAUM, J., Dissentin...

...rida .Statutes (1993). Because the record fails to disclose the botanical origin of the oxycodone, we reverse and remand for an evidentiary proceeding. Although oxycodone is nominally within the classification of controlled substances referred to in section 893.03, Florida Statutes (1993), as a Schedule II derivative of opium, it is not proscribed by section 893.135(l)(c)(l) if it is obtained from a non-opium producing poppy....

..., purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(l)(b) or (2) (a) or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first de *634 gree, which felony shall be known as “trafficking in illegal...

...On November 24, 1991, appellee was charged with a violation of section 893.135, Florida Statutes (1989), knowingly selling, delivering or possessing more than twenty-eight grams but less than 200 grams of a mixture containing methamphetamine and ephedrine, a substance controlled by section 893.03(2)(c)3, Florida Statutes (1989)....

...is agent or employee, while on the licensed premises, violated any law of the State of Florida. 3. Section 893.13(l)(a), Florida Statutes, makes it unlawful for any person to sell a controlled substance. Cocaine is a controlled substance pursuant to Section 893.03(2), Florida Statutes....

...ntrolled drugs. “Delivery” was defined in § 404.01(4) as including both selling and giving away. Methaqualone was encompassed in the definition of barbiturates which was defined in § 404.01(1) as including hypnotic and somnifacient drugs. [See § 893.03, Schedule III, effective July 1, 1973.] The charge of “delivery” of “barbiturates” included the charge of “sale” of “methaqualone,” and *623 therefore the two counts did not charge separate and distinct offenses, but the same offense....

is also a controlled substance pursuant to section 893.-03, Florida Statutes (1980). .I note that the

...release” if the victim is a law enforcement officer). 4  or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of . . . methamphetamine as described in section 893.03(2)(c)4., or of any mixture[3] containing ....

...identify the “controlled substance” element for which Jackson was convicted. The criminal information submitted in the district court shows that his offenses related to “cocaine.” When Jackson was convicted of his cocaine-related offenses, § 893.03(2)(a)(4) set forth the formulations encompassed within the category of cocaine, according to Florida’s Schedule II: “[c]ocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of coca...

...compound, derivative, or preparation of cocaine or ecgonine, ex- cept that these substances shall not include ioflupane I 123.” Fla. USCA11 Case: 21-13963 Date Filed: 06/10/2022 Page: 17 of 23 21-13963 Opinion of the Court 17 Stat. § 893.03(2)(a)(4) (2017) (emphasis added)....

...sale and possession of ioflupane as a part of its prohibition on the sale and possession of “[c]ocaine or ecgonine, including any of their stereo- isomers, and any salt, compound, derivative, or preparation of co- caine or ecgonine.” Fla. Stat. § 893.03(2)(a)(4). Because § 893.03(2)(a)(4) identified “means,” not “ele- ments,” in 1998 and 2004, when Jackson was convicted under § 893.13(a)(1), a cocaine-related conviction could have been based on any one of these several formulations, including sale of or posses- sion with intent to distribute ioflupane. C....

was convicted of his cocaine-related offenses, § 893.03(2)(a)(4) set forth the formulations encompassed

...ther to commit a violation of Florida law. Thus, the factual underpinning of the affidavit must deal with the manner and means by which Signature's principals knowingly assisted practitioners who were writing prescriptions in violation of FLA. STAT. § 893.03(8)....

...ould not make a difference. . . ."); Dahl, 312 F.3d at 1235 (11th Cir. 2002); Kelly, 21 F.3d at 1554. [31] In Florida, anabolic steroids and human growth hormone are, with some exceptions, classified as Schedule III controlled substances. FLA. STAT. § 893.03....

(meperidine) is a controlled substance according to Section 893.-03(2)(b)(14), Florida Statutes (1975). A person

...uld unjustifiably abridge the statutes and usurp the power of the legislature to define what is or is not a crime. The mere possession of a “controlled substance” is a crime. § 893.13(l)(e), Fla.Stat. (1985). Cannabis is a controlled substance. § 893.03(l)(c)3, Fla.Stat....

...The actual sales transaction and delivery of such drug shall not be considered dispensing. *329 § 465.003(6), Fla. Stat. (2005) # (emphasis added). Hydrocodone, one of the drugs discovered during the raid of the internet pharmacy, is a Schedule II and III narcotic, and a controlled substance. See § 893.03, Fla....

...er finding that he violated his community control by possessing synthetic marijuana. The defendant argues that “synthetic marijuana,” as that term was used in the violation affidavit, is not included among the controlled substances proscribed in section 893.03, Florida Statutes (2013), and therefore testimony that the substance which the defendant possessed was “synthetic marijuana” could not establish that he violated his community control. We affirm....

...However, there is no law in this state criminalizing the possession of any and all synthetic marijuana/synthetic cannabinoids irrespective of the compounds that it contains. During the 2011 legislative session, the legislature amended the pertinent statute, section 893.03, “to add additional synthetic cannabinoid[s] . . . to Schedule I of Florida’s controlled substance schedules.” Fla. H.R. Comm. on Judiciary, H.B. 1175 (2012) Staff Analysis 4. Section 893.03(1)(c), Florida Statutes (2013) lists 169 chemical substances, including cannabis....

...ces or . . . contains any of their salts, isomers, including optical, positional, or geometric isomers, and salts of isomers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.” Section 893.03(1)(c), Florida Statutes (2013)....

...The State's information titled the charge as "Solicitation to Purchase Cocaine," but alleged that the defendant "did unlawfully command, encourage, hire or request another person, to-wit: Detective J. Riche to deliver to him a controlled substance, to-wit: Cocaine, contrary to F.S. 893.03(2)(a)(4), F.S....

00 was cocaine, a substance made illegal by section 893.03(2)(a). Section 893.13(l)(i) provides: Except

...ppellant claims fundamental error in the charging document, the jury instructions, and the proof. He also argues the trial court and this Court have violated the constitutional separation of powers and usurped the power of the Attorney General under section 893.035, Florida Statutes (2016), by determining that the drug which he was charged with possessing was a prohibited substance. We find no fundamental error in any of the issues raised and that section 893.035 is not applicable in this case....

...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. Stat. (2023). Section 893.03, Florida Statutes (2023), lists the different controlled substances in Schedules I through V. Section 893.03(1), Florida Statutes (2023), enumerates substances classified as Schedule I, which have no currently accepted medical use in the United States. Within Schedule I, section 893.03(1)(c)191., Florida Statutes (2023), provides: 191....

...the 2-amino nitrogen atom in a cyclic structure, including, but not limited to: . . . . Id. (emphasis added). The statute then provides a list of substituted cathinones “including, but not limited to,” forty-five specific substances. See § 893.03(1)(c)191.(IV)(A)-(SS), Fla....

...be expansive and to include other chemicals similar in nature to those listed.” Id. at *3-*4. We rejected the defendant’s claim that possession of Dimethylpentylone was not a crime, even though it was not one of the specific chemicals listed in section 893.03(1)(c)191., because the State’s expert testified that Dimethylpentylone fit within the statutory definition of a substituted cathinone. Id. at *4. In other words, section 893.03(1)(c)191....

...raise the defect by motion to dismiss constitutes a waiver of such insufficiency.” Cantanese v. State, 251 So. 2d 572, 573 (Fla. 4th DCA 1971). The information charged appellant with a crime, possession of substituted cathinone. See § 893.13(6), Fla. Stat. (2023); § 893.03(1)(c)191., Fla....

...See Reed v. State, 837 So. 2d 366, 369 (Fla. 2002); State v. Delva, 575 So. 2d 643, 645 (Fla. 1991). Appellant never disputed Dimethylpentylone’s illicit nature or that it was a substituted cathinone prohibited as a Schedule I Controlled substance under section 893.03(1)(c)191. Sufficiency of the Evidence Appellant claims that the trial court erred in denying his motion for judgment of acquittal because the State failed to establish appellant possessed the specific chemical compound of a substituted cathinone that is a controlled substance....

...Dimethylpentylone’s chemical structure. Therefore, the argument is not preserved. Separation of Powers Appellant lastly argues we violated the separation of powers in Jackson by determining that Dimethylpentylone constitutes a substituted cathinone under section 893.03(1)(c)191., Florida Statutes (2023). He contends that the Legislature delegated to the Attorney General the authority to reschedule, remove, or control new substances under sections 893.035 and 893.0356, Florida Statutes (2023). Section 893.035, Florida Statutes (2016), authorizes the Attorney General to designate and reschedule controlled substances under section 893.03....

...The statute’s purpose was to enable the State to more quickly identify drugs which could produce effects similar to the drugs within the statutory schedule of controlled substances and to criminalize those drugs more rapidly than relying on the legislative process. Section 893.035 specifically provides: (1)(a) New substances are being created which are not controlled under the provisions of this chapter but which have a potential for abuse similar to or greater than that for substances controlled under this chapter....

...It is therefore necessary to delegate to an administrative agency restricted authority to identify and classify new substances that have a potential for abuse, so that they can be controlled in the same manner as other substances currently controlled under this chapter. § 893.035(1), Fla. Stat. (2016). The statute delegates powers to the Attorney General: 1 (2) The Attorney General shall apply the provisions of this section to any substance not currently controlled under the provisions of s. 893.03. The Attorney General may by rule: (a) Add a substance to a schedule established by s. 893.03, or transfer a substance between schedules, if he or she finds that it has a potential for abuse and he or she makes with respect to it the other findings appropriate for classification in the particular schedule under s. 893.03 in which it is to be placed. At issue in this case, as was at issue in Jackson, is whether Dimethylpentylone is a “substituted cathinone.” Appellant argues that in upholding the conviction in Jackson, we violated the separatio...

...doctrine and usurped the Attorney General’s rulemaking authority by determining that Dimethylpentylone is a Schedule I controlled substance. We disagree. Appellant takes issue with the fact that neither the trial court nor this Court analyzed the factors under section 893.035(4), Florida Statutes (2016), in determining whether Dimethylpentylone was a controlled 1 We do not address whether the delegation of authority to the Attorney General is constitutional, as neither party has addressed that issue. 7 substance. However, that analysis is required when the Attorney General is considering whether to control a new substance or remove a substance from control. § 893.035(4), Fla....

...removed from control . . . .”). The issue in Jackson was not whether Dimethylpentylone should be added as a new controlled substance, but whether Dimethylpentylone was a “substituted cathinone,” already designated a controlled substance under section 893.03(1)(c)191., Florida Statutes (2023). 2025 WL 1119094 at *2. Section 893.03(1)(c)191....

...The chemist in Jackson did not opine that Dimethylpentylone was its own type of controlled substance, but rather that it fit the definition of a “substituted cathinone,” which the Legislature had already designated as a controlled substance. Put simply, the procedures outlined in section 893.035 did not apply to Jackson, nor do those procedures apply here, because the State did not argue that Dimethylpentylone was a new drug, but one already regulated pursuant to section 893.03(1)’s definitions....

...indeed a “substituted cathinone.” No separation of powers violation occurred. 8  Conclusion The State proved that appellant possessed a substituted cathinone, a Schedule I controlled substance under section 893.03(1), and violated section 893.13(6)(a)....

...rt, and for further proceedings. As to Count I, the judgment and sentence are affirmed. We reject Appellant’s other arguments without comment. Appellant was charged with one count of possession of Oxycodone with the intent to sell, in violation of section 893.03(l)(a), Florida Statutes, and one count of selling or dispensing a prescription drug without first being furnished a prescription, in violation of section 465.015(2)(c), Florida Statutes....

...We reverse the trial court’s order granting the defendant’s motion to suppress and remand for further proceedings. REVERSED and REMANDED. COHEN and LAMBERT, JJ., concur. . Jurisdiction is proper under rule 9.140(c)(1)(B) of the Florida Rules of Appellate Procedure. . § 893.03(l)(c)7, Fla. Stat. (2013). . §§ 893.13(6)(a); 893.03(2)(a)(4), Fla....

...That section provides, in pertinent part: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance ......

...alt of an isomer, of morphine or opium; nor is it manufactured from any such substance. The trial court correctly recognized that trafficking under section 893.135(1)(c)3 *26 (1989) [2] does not encompass all controlled substances listed in sections 893.03(1)(b) or (2)(a), Florida Statutes, but only those specified by its terms....

...The statute must be accorded its plain meaning. Holly v. Auld, 450 So.2d 217 (Fla. 1984); Thayer v. State, 335 So.2d 815 (Fla. 1976); Arthur v. State, 391 So.2d 338 (Fla. 4th DCA 1980). The state would expand the interpretation of the statute to include all substances listed in section 893.03(1)(b) or (2)(a), notwithstanding the explicit wording of the statute....

...we vacate the sentence and remand for the purposes of clarification. Brown v. State, 570 So.2d 1070 (Fla. 5th DCA 1990). VACATE SENTENCE; REMAND. GRIFFIN, J., concurs. GOSHORN, J., dissents without opinion. . § 893.13(l)(a)(l), Fla.Stat. (1987). . § 893.03(2)(a), Fla.Stat....

[cocaine’s] stereoisomers.” Fla. Stat. § 893.03(2)(a)(4) (2003). The federal definition, at least

...We affirm the defendant’s convictions and sentences; however, we note two irregularities in the written judgments which must be corrected. The defendant was convicted of two counts of delivery of cocaine, which is a second-degree felony under section 893.13(l)(a)l, Florida Statutes (Supp.1982). See § 893.03(2)(a)4....

...We affirm. The charge was first-degree felony murder under 782.04(1)(a)3, Florida Statutes, which provides: (1)(a) The unlawful killing of a human being: * * * *327 3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082. Defendant moved to dismiss arguing that methadone was not a Schedule I drug set out in section 893.03(1)....

...Although it is unnecessary to our conclusion, we would note that the legislature included methadone in the same statute, but rather than include it as a Schedule I substance under which appellee was charged, it included it as a Schedule II substance under section 893.03(2)(b)14....

...��s informer in the State proceeding. Appellee’s contention is that the privilege of nondisclosure does not attach as to the informer in this case because Agent Merritt was not “charged with the enforcement of that law,” i. e., Florida Statute § 893.03, which is the basis of the charges against appellee....

...ked car before he was approached by officer and then arrested), rev. denied, 548 So.2d 663 (Fla.1989). Accordingly, we REVERSE and REMAND to the trial court to enter an order suppressing the evidence in the case. W. SHARP, and HARRIS, JJ., concur. . § 893.03(l)(c)4, Fla. Stat (1993). . § 893.03(l)(c), Fla....

This is a Schedule I controlled substance under § 893.03(1 )(c) 17.

...obtaining an alternative sentence under section 948.20(1), Florida Statutes (2009), if his Criminal Punishment Code score-sheet total sentence points exceed fifty-two. Factual Background McGrill was charged with possession of cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (2008), and section 893.13(6)(a), Florida Statutes (2008)....

...s exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. § 932.701(2)(a)l., Fla. Stat. (2015). Methamphetamine is a controlled substance. See § 893.03(2)(c)4., Fla....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), to be unconstitutional, is reversed on the basis of this Court’s recent ruling in State v....

PER CURIAM. The orders of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), to be unconstitutional are reversed on the basis of this Court’s recent ruling in State v....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), to be unconstitutional, is reversed on the basis of this Court’s recent ruling in State v....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), to be unconstitutional, is reversed on the basis of this Court’s recent ruling in State v....

...Upon this record, we do not conclude that a manifest injustice has occurred. See, e.g., State v. McBride, 848 So.2d 287, 292-93 (Fla.2003). WARNER, DAMOORGIAN and LEVINE, JJ., concur. . In 2001, the Florida Legislature passed Chapter 2001-55, § 1, Laws of Florida (effective July 1, 2001), which added language to section 893.03(3) and created 893.135(6), Florida Statutes, clarifying that, for purposes of a trafficking charge, the weight of the controlled substance per dosage unit is irrelevant and that "the weight of the controlled substance is calculated by aggregating the total weight of each mixture.” See Nottebaum v....

...tance unless such controlled substance was lawfully obtained .except as otherwise authorized by this chapter. 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. Section 893.03, Florida Statutes (2015), contains an exhaustive list of controlled substances, organized into one of five schedules. Tramadol is not listed as a controlled substance in section 893.03, and thus its possession does not violate section 893.13(6)(a)....

...After the dissolution, appellee experienced mental health problems. On one occasion in October, 1985, appellee caused a disturbance at the appellant’s residence during the son’s overnight visitation with appellant. She was intoxicated and had admittedly taken a Schedule I controlled substance under Section 893.03(l)(d), Florida Statutes, a felony under Section 893.-13(l)(e)....

...Department of Professional Regulation. . A schedule II substance has a high potential for abuse and a currently accepted, but severely restricted, medical use in treatment. Abuse of the substance may lead to severe psychological or physical dependence § 893.03(2), Fla.Stat. (1981). Effective July 1, 1982, § 893.03 was amended and methaqualone was reclassified as a schedule I substance, meaning it has a high potential for abuse and no currently accepted medical use in treatment....

...Diloreto, 600 So.2d 25 (Fla. 4th DCA 1992), which held that possession of a substance which did not meet this chemical definition could not justify a conviction for violation of section 893.135(l)(c), even though it was, like hydromorphone, specifically designated in section 893.03(2)(a), he argues that he could therefore not factually have been convicted of the crime and that the writ of .coram nobis should therefore have been granted....

...ct the conviction of an innocent man,” 605 So.2d at 948 , Todd does not fit that description and therefore does not qualify for that indulgence. To the contrary, he was clearly guilty of the felony of simple possession of a substance designated in section 893.03(2)(a)l.k....

....The pertinent provisions of the statute provide: (c) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(l)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, is guilty of a felony of the first degree, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved: [[Image here]] 3. Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of $500,000. . The prosecution rather persuasively argues that . Diloreto improperly reads "as described in s. 893.03(l)(b) or (2)(a)” out of the statute....

...valium, percodan, dexa-myl, dilauid) are drugs which may be legally obtained and possessed with a prescription. Marijuana, on the other hand, the controlled substance in Gieseke , is a Schedule I drug which has no currently accepted medical use. See section 893.03 (l)(c), Fla.Stat....

...Here, there is no allegation or evidence to indicate the presence of a “controlled buy.” In addition, at the time of the crime, the controlled substance in this case, like the controlled substance in Baxter , had some accepted medical use. See section 893.03(2)(c), Fla.Stat. (1981). Based on these distinctions and the authority of Baxter , we reverse. We note, however, that in 1982 the Legislature changed the classification of metha-qualone from a Schedule II to a Schedule I drug. See section 893.03(l)(d), Fla.Stat....

...) possession of a place for the purpose of trafficking in cannabis, in violation of section 893.1351(1), Florida Statutes (2018); and (3) trafficking more than 1,000 grams of a synthetic cannabinoid, in violation of sections 893.135(1)(m)2.c. and 893.03(1)(c)190., Florida Statutes (2018). 2  Arshadnia moved to dismiss the last count....

...and 1 The Act reflects that all Schedule One substances have “a high potential for abuse and . . . no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards.” § 893.03(1), Fla. Stat. 4 893.03(1)(c)190., Florida Statutes....

...The first statute provides, in pertinent part: (m)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 280 grams or more of a: a. Substance described in § 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in § 893.03(1)(c)190.; or b....

...[c]chromene structure with substitution at either or both the 3-position or 9-position, with or without substitution at the 1-position with hydroxyl or alkoxy groups, including, but not limited to: (I) Tetrahydrocannabinol. § 893.03(1)(c)190., Fla....

...Germain, 503 U.S. 249, 253–54 (1992). Armed with these entrenched principles, we turn to the case at hand. Section 893.135(1)(m), Florida Statutes, proscribes possession of 280 grams or more of synethetic cannabinoids. The reader is directed to section 893.03(1)(c)190., Florida Statutes, for an explanation. As previously noted, section 893.03(1)(c)190., Florida Statutes, in turn, is entitled “Synthetic Cannabinoids” and contains a description, rather than a definition, of the term....

...City of Philadelphia, Pennsylvania, 141 S.Ct. 1868, 1879 (2021) (quoting Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 222 (West Group 2012)). But here, the root word “synthetic” appears in both the caption and body of section 893.03(1)(c)190., Florida Statutes. Perhaps even more importantly, the plain language of the statute presupposes the forbidden substance was “synthetically produced.” § 893.03(1)(c)190., Fla....

...hat fit within one or more . . . categories.” Id. In this vein, the statute lists “homologues” and other analogous substances bearing structural similarities to “[a]ny [THCs] naturally contained in a plant of the genus Cannabis.” § 893.03(1)(c)190.a., Fla....

...nded statute, which authorizes such fees. See Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Ch. 95-189, § 1, Laws of Fla. AFFIRMED in part; REMANDED for Correction of Probation Order. HARRIS and GOSHORN, JJ., concur. . § 810.06, Fla. Stat. . § 893.03, Fla....

evidence that the State charged him with violating section 893.03(1)(c)190.a., governing “synthetic cannabinoids

...and whether the state followed the necessary procedural requirements of the rule to vacate the sentence and impose a new one. REVERSED and REMANDED ORFINGER and TORPY, JJ., concur. . Gamma-hydroxybutyric acid, a schedule I controlled substance. See § 893.03(1)(d)(3), Fla....

..., manufacture, 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. (2004) (“‘Controlled substance’ means any substance named or de- scribed in Schedules I-V of s. 893.03.”). Florida’s Schedule II included “[c]ocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine.” Id. § 893.03(2)(a)(4) (1998); see also id....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (Í978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

court granted a motion to dismiss and found section 893.03(l)(c)3, Florida Statutes (1978 Supp.), and

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(e), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

PER CURIAM. The order of the trial court, finding section 893.03(l)(c), Florida Statutes (1978 Supp.), unconstitutional, is reversed....

13(l)(e), Florida Statutes (1981), rather than section 893.03(l)(c), Florida Statutes (1981). AFFIRMED AND

...gram of ecstasy in the car. Powell identified the pills as “jiggles” and an “upper.” The trooper then placed Powell under arrest. The State later charged Powell by information with one count of possession of a controlled substance, a third-degree felony, under section 893.03, Florida Statutes; one count of bringing a controlled substance into the state, a third-degree felony, under section 893.13(6)(a), Florida Statutes; one count of bringing cannabis into the state, a third-degree felony, under section...

a violation of section 893.135(l)(b)3 and section 893.-03(2)(a), Florida Statutes (1989). We remand solely

...t to certain exceptions not relevant here, and that such offense is punishable as a third-degree felony; a “controlled substance,” in turn, is defined as including “cocaine ... and any salt, compound, derivative, or preparation of co-caine_” § 893.03(2)(a)(4), Fla.Stat....

...er finding that he violated his community control by possessing synthetic marijuana. The defendant argues that “synthetic marijuana,” as that term was used in the violation affidavit, is not included among the controlled substances proscribed in section 893.03, Florida Statutes (2013), and therefore testimony that the substance which the defendant possessed was “synthetic marijuana” could not establish that he violated his community control. We affirm....

...there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession. See 893.13(6)(b), Fla. Stat. If the State alleges the defendant possessed a controlled substance listed in § 893.03(1)(c)46.–50., 114.–142., 151.–159, or 166.–16973., in an amount more than 3 grams, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor necessary lesser-included offense of simple possession. See § 893.13(6)(b)., Fla. Stat. -9-  There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...Attempt, except when 777.04(1) 5.1 delivery is charged Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...INS. STAT. NO. Delivery of a Controlled 893.13(1)(a) 25.2 Substance Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...The substance was (specific substance alleged). § 893.13(6)(b), Fla. Stat. Give if applicable. The jury must make a finding as to weight if the defendant is charged with possessing more than 20 grams of cannabis or more than 3 grams of a substance listed in § 893.03(1)(c)46–50, 114–142, 151–159, or 166–16973 Fla. Stat. 4. The [cannabis weighed more than 20 grams] [(insert name of substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166– 16973) weighed more than three grams]. § 893.13(6)(c), Fla. Stat. The jury must make a finding as to weight if the defendant is charged with violating § 893.13(6)(c), Fla. Stat. 4. The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)] [combination of (insert names of substances listed in 893.03(1)(a) or - 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....

...nses POSSESSION OF A CONTROLLED SUBSTANCE — 893.13(6) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of Less 893.13(6)(b) 25.7 than 20 Grams of Cannabis or Possession of Less than 3 Grams of a Substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166–16973, if the felony level of these substances is charged Attempt 777.04(1) 5.1 Comments Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...25.20, and 25.21, the sentence “(Defendant) has raised this defense” is removed from the “Affirmative defense – Lack of knowledge of illicit nature” instruction itself. Last, in Instructions 25.2 and 25.7, the statutory references to sections 893.03(1)(c)46-50, 114-142, 151-159, and 166-173, Florida Statutes, are removed from the Comments section of Instruction 25.2 and the fourth element of the crime and Lesser Included Offenses table of Instruction 25.7....

...there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession. See § 893.13(6)(b), Fla. Stat. If the State alleges the defendant possessed a controlled substance listed in § 893.03(1)(c)46.–50., 114.–142., 151.–159, or 166.–173., in an amount more than 3 grams, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor necessary lesser-included offense of simple possession. See § 893.13(6)(b), Fla. Stat. There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...Attempt, except when 777.04(1) 5.1 delivery is charged Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...INS. STAT. NO. Delivery of a Controlled 893.13(1)(a) 25.2 Substance Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...The substance was (specific substance alleged). § 893.13(6)(b), Fla. Stat. Give if applicable. The jury must make a finding as to weight if the defendant is charged with possessing more than 20 grams of cannabis or more than 3 grams of a substance listed in § 893.03(1)(c)46–50, 114–142, 151–159, or 166–173 Fla. Stat. 4. The [cannabis weighed more than 20 grams] [(insert name of substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166– 173) weighed more than three grams]. § 893.13(6)(c), Fla. Stat. Give if applicable. The jury must make a finding as to weight if the defendant is charged with violating § 893.13(6)(c), Fla. Stat. 4. The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)] [combination of (insert names of 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....

...ses POSSESSION OF A CONTROLLED SUBSTANCE — 893.13(6) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possession of Less 893.13(6)(b) 25.7 than 20 Grams of Cannabis or Possession of Less than 3 Grams of a Substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166–173, if the felony level of these substances cannabis is charged Attempt 777.04(1) 5.1 POSSESSION OF MORE THAN TEN GRAMS OF A CONTROLLED SUBSTANCE LISTED IN 893.13(1)(a) OR (1)(b) — 893.13(6)(c) CATEGORY ONE CATEGORY TWO FLA....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

...For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. Comments There is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla....

substance as listed per § 893.13(l)(d)(2) and § 893.-03(l)(c). Section 932.702 makes it unlawful to transport

...degree felony, however it argues that Appellant is only entitled to resentencing on that count only. We agree with the State. Section 893.13 of the Florida Statutes provides that any person who sells or delivers a controlled substance named or described in section 893.03(1)(c) commits a felony of the third degree. § 893.13(1)(a)2., Fla. Stat. (2014). MDMA is listed as a controlled substance under section 893.03(1)(c), thus making the simple sale or delivery of MDMA a third- degree felony. § 893.03(1)(c)165., Fla. Stat. (2014). Subsection 893.13(1)(c)2., however, provides that if a person sells or delivers a controlled substance listed under section 893.03(1)(c) within 1,000 feet of certain establishments, the person “commits a felony of the second degree.” § 893.13(1)(c)2., Fla....

Delivery because the definition of “delivery” in § 893.03(6) Fla. Stat. includes the attempt to transfer

...the province of this court to act as a second jury on this issue. We therefore find point three to be without merit for the evidence demonstrated that the illegal cocaine was a controlled substance within the definition of that term as proscribed by section 893.03(2)(a)4....

...appellee. WARNER, J. Appellant, Lavoski E. Jackson, appeals his conviction and sentence for trafficking in a substitute cathinone, namely Dimethylpentylone. He contends that the substance of which he was convicted of possessing is not listed in section 893.03(1)(c)191., Florida Statutes (2023), under which he was charged. He further contends that his sentence is unconstitutional pursuant to Erlinger v. United States, 602 U.S. 821 (2024), because not all of the findings required to sentence him as a habitual offender were found by the jury. Because section 893.03(1)(c)191....

...applies, we conclude the lack of submission of each factor to a jury is harmless error.  Facts The State charged appellant with trafficking in 10 or more, but less than 200, grams of phenethylamines, or substituted cathinones, citing section 893.03(1)(c)191., Florida Statutes (2023), as well as two other offenses that were nolle prossed....

...h the State rested. Appellant moved for a judgment of acquittal (“JOA”), arguing that Dimethylpentylone was not a controlled substance under Florida law. The trial court found that although Dimethylpentylone was not a listed substance under section 893.03(1)(c)191., the statute listed “substituted 2 cathinones,” and the expert had testified that Dimethylpentylone was a substituted cathinone....

...Appellant raises the denial of his motion to correct his sentence in this appeal. Analysis Denial of Judgment of Acquittal Appellant argues that the trial court erred in denying his JOA motion because the statute under which he was charged and convicted,—section 893.03(1)(c)191., Florida Statutes—did not list Dimethylpentylone as a “substituted cathinone,” and the statutory description would violate due process by failing to give him notice of the illegality of the substance. The standard of review for a constitutional claim is de novo....

...A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of a: a. . . . substituted cathinone, as described in s. 893.03(1)(c) 191 . . . . .... commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,”. . . . Id. Section 893.03(1), Florida Statutes (2023), enumerates substances classified as Schedule I, which have no accepted medical use in the United States. Specifically, section 893.03(1)(c)191., Florida Statutes (2023), provides: (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation 4 that contains an...

...whether or not further substituted in the ring system; or 5  (IV) With or without inclusion of the 2-amino nitrogen atom in a cyclic structure, including, but not limited to: . . . . Id. (emphasis added). Section 893.03(1)(c)191.c.(IV) lists forty-five specific substances. Dimethylpentylone is not one of the listed substances. Appellant claims that he cannot be convicted of possession or trafficking in Dimethylpentylone, because it is not specifically enumerated as a “substituted cathinone” under section 893.03(1)(c)191. Therefore, appellant argues, the trial court should have granted his JOA motion. Appellant does not argue that Dimethylpentylone is not similar to the enumerated substances but only that Dimethylpentylone is not enumerated itself. Section 893.03(1)(c)191. provides an extensive, non-exhaustive list of different types of chemicals and molecular structures prohibited under the statute. Specifically, section 893.03(1)(c)191.c.(IV) provides a list of substituted cathinones “including, but not limited to” forty-five substances....

...Singer, Sutherland Statutory Construction § 47.25 (7th ed. 2014). This follows the conventional rule in Florida that the Legislature uses the word “including” in a statute as a word of expansion, not one of limitation. Id. at 781. Section 893.03(1)(c)191....

...also includes the phrase “whether or not the compound is further modified,” which is further evidence that the list is intended to be expansive and to include other chemicals similar in nature to those listed. Thus, the fact that Dimethylpentylone is not enumerated in section 893.03(1)(c)191....

...As competent substantial evidence supported the State’s case, the trial court correctly denied the motion for acquittal. Appellant primarily contends that he was denied due process by being convicted of possessing a substance not specifically listed as prohibited under section 893.03(1)(c)191. This is in essence a vagueness challenge to section 893.03(1)(c)191....

...“A statute is unconstitutionally vague if it fails to provide a person of ordinary intelligence with a reasonable opportunity to know what is prohibited, and is written in a manner that encourages or permits arbitrary or discriminatory enforcement.” Cashatt v. State, 873 So. 2d 430, 435 (Fla. 1st DCA 2004). That section 893.03(1)(c)191....

...Thus, the fact that a common person would not be aware of the molecular structure of a substance in his or her possession does not render section 893.101(1)(c)191. unconstitutionally vague. While appellant advocates for this court to adopt the dissent in Gun v. State, 171 So. 3d 184 (Fla. 4th DCA 2015), we note section 893.03(1)(c) has been significantly amended since Gun....

...3d 146, 149–50 (Fla. 4th DCA 2016) (noting that an appellant who does not object to witness’s qualifications or that the expert is not qualified to testify fails to preserve the issue for appeal). 7 while section 893.03(1)(c), Florida Statutes (2013), listed several specific synthetic cannabinoids as Schedule I substances, no evidence existed that the defendant had possessed one of the specifically listed synthetic cannabinoids. Id. at 186–87 (Forst, J., dissenting). The amendment of section 893.03(1)(c) in part addressed Judge Forst’s concerns. In May 2013, when the Gun defendant was alleged to have possessed “synthetic marijuana,” section 893.03(1)(c) listed specific substances but did not list “synthetic cannabinoids,” nor did section 893.03(1)(c) contain any “included but not limited to” lists. Meanwhile, the July 2023 version of section 893.03(1)(c) proscribes both “synthetic cannabinoids” and “substituted cathinones” with extensive “including but not limited to” lists. Compare § 893.03(1)(c), Fla. Stat. (2013), with § 893.03(1)(c)190.–191., Fla. Stat. (2023). Thus, the Gun dissent’s reasoning does not apply here, where section 893.03(1)(c)191 proscribes “substituted cathinones” as a whole. Although section 893.03(1)(c)191.c.(IV) lists dozens of specific substances, this list is preceded by the language “including but not limited to,” signaling that section 893.03(1)(c)191.c.(IV) proscribes more substances than are specifically listed. Those additional substances are listed by their chemical structures, and the State’s expert testified that Dimethylpentylone falls within one of the chemical structures listed in section 893.03(1)(c)191.c.(IV). As we conclude that the court did not err in denying appellant’s motion for judgment of acquittal, we affirm appellant’s conviction. Denial of Motion to Correct Sentencing Error “Because a...

...bt. Conclusion The trial court properly denied appellant’s motion for judgment of acquittal. While Dimethylpentylone, the substance in which appellant was charged as trafficking, is not specifically listed in section 893.03(1)(c)191., it is included within those substances by identification of its chemical composition. An expert testified that it met the elements of a substitute cathinone. Application of section 893.03(1)(c)191....

...It is not necessary to recite the facts in this search and seizure case. The trial court granted appellee’s motion to suppress contraband because the search was predicated on the arresting officer’s belief that marijuana was a controlled substance proscribed by Section 893.03(l)(c) Florida Statutes (1977), which the trial judge had previously declared unconstitutional....

...government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule [I] [II] of Florida Statute 893.03 to any person for the purpose of exploitation of that person. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...See In re Forfeiture of Approximately Forty-Eight Thousand Nine Hundred Dollars, 432 So.2d 1382 (Fla. 4th DCA 1983). . Section 932.701 (2)(a) provides that a "contraband article" is any controlled substance as defined in chapter 893. Hashish is a controlled substance under section 893.03(l)(c), and dia- *79 zepam is a controlled substance under section 893.03(4)(h).

to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional