Florida Criminal Offense

Controlled Substance Offenses

Unlawful sale, manufacture, delivery, possession with intent, or possession of a controlled substance.

VariesVaries

Florida Statute

§ 893.13

Prohibited acts; penalties

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Current provision effective: October 1, 2026

Quick Summary

Start with the conduct, the substance's current schedule, quantity, and any location or prior-conviction circumstances. These facts determine the applicable charge and classification.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Commercial Conduct — Higher-Schedule Substances

F.S. § 893.13(1)(a)1.

FelonySecond Degree

Sale, manufacture, delivery, or possession with intent involving the substances listed in F.S. 893.13(1)(a)1.

Commercial Conduct — Other Scheduled Substances

F.S. § 893.13(1)(a)2.

FelonyThird Degree

Sale, manufacture, delivery, or possession with intent involving the substances listed in F.S. 893.13(1)(a)2.

Commercial Conduct — Schedule V

F.S. § 893.13(1)(a)3.

MisdemeanorFirst Degree

Sale, manufacture, delivery, or possession with intent involving a Schedule V controlled substance.

Commercial Conduct — More Than 10 Grams of Specified Substances

F.S. § 893.13(1)(b)

FelonyFirst Degree

Sale or delivery of more than 10 grams of the specified Schedule I substances or mixture in F.S. 893.13(1)(b).

Protected Location — Higher-Schedule Substances

F.S. § 893.13(1)(c)1., (d)1.

FelonyFirst Degree

Commercial conduct involving the listed higher-schedule substances in or within 1,000 feet of a protected child-care, school, park, community-center, recreational-facility, or postsecondary-location track.

Protected Location — Other Scheduled Substances

F.S. § 893.13(1)(c)2., (d)2.

FelonySecond Degree

Commercial conduct involving the listed other scheduled substances in the applicable protected-location track.

Possession — Controlled Substance

F.S. § 893.13(6)(a)

FelonyThird Degree

Actual or constructive possession of a controlled substance without lawful authorization, unless a more specific possession provision applies.

Possession — 20 Grams or Less of Cannabis

F.S. § 893.13(6)(b)

MisdemeanorFirst Degree

Actual or constructive possession of 20 grams or less of cannabis as defined in the statute.

Possession — More Than 10 Grams of Specified Substances

F.S. § 893.13(6)(c)

FelonyFirst Degree

Possession of more than 10 grams of the specified Schedule I or Schedule II substances or mixture.

Possession — Schedule V

F.S. § 893.13(6)(d)

MisdemeanorSecond Degree

Possession of a Schedule V controlled substance.

Delivery to or Use of a Minor

F.S. § 893.13(4)

FelonyFirst, Second, or Third Degree

An adult delivers a controlled substance to a minor, uses or hires a minor in sale or delivery, or uses a minor to avoid detection. Degree depends on the substance.

Bringing a Controlled Substance Into Florida

F.S. § 893.13(5)

VariesFirst-, Second-, or Third-Degree Felony; First-Degree Misdemeanor

Unauthorized importation into Florida. Degree depends on the substance and trafficking thresholds may supersede this track.

Specified Protected Location

F.S. § 893.13(1)(c)-(f), (h)

FelonyFirst or Second Degree

Sale, manufacture, delivery, or possession with intent within a location protected by subsection (1)(c)-(f) or (h). Degree and mandatory consequences depend on the location and substance.

Disguised Fentanyl, Xylazine, or Related Product

F.S. § 893.13(1)(i)

FelonyFirst Degree

Specified fentanyl-related substance, xylazine, analog, or mixture is incorporated into or packaged as a listed consumer-type product.

Chapter 893 Violation Injuring Protected Worker

F.S. § 893.13(10)

FelonyThird or Second Degree

A Chapter 893 violation results in serious injury to a listed responder, utility worker, animal-control officer, or government employee; death or great bodily harm increases the degree.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

Element 1
OR — Alternative
Prohibited conduct
The defendant knowingly engaged in the applicable prohibited conduct: selling, manufacturing, delivering, possessing with intent to sell, manufacture, or deliver, or possessing a controlled substance without lawful authority.
Plain language: First identify the conduct. The commercial-conduct tracks and possession tracks have different statutory elements and classifications.
Element 2
AND — Required
Controlled substance and authorization
The substance was a controlled substance under the current schedules, and the person was not authorized to engage in the conduct.
Plain language: Verify the substance and current schedule. A lawful prescription or other statutory authorization can change the analysis.

Controlled Substance Schedule Guide

Common examples only. Confirm every substance and formulation against the current statutory schedule before charging.

Schedule I

High potential for abuse; no currently accepted medical use in treatment in the United States under the statutory standard.

Common examples: Heroin, LSD, MDMA, psilocybin, cannabis, xylazine, and many fentanyl or nitazene derivatives.

Schedule II

High potential for abuse; accepted medical use may exist, but with severe restrictions and a risk of severe physical or psychological dependence.

Common examples: Cocaine, fentanyl, oxycodone, hydrocodone, methamphetamine, and amphetamine.

Schedule III

Lower abuse potential than Schedules I and II; accepted medical use, with moderate or low physical dependence or high psychological dependence possible.

Common examples: Ketamine, buprenorphine, and anabolic steroids.

Schedule IV

Lower abuse potential than Schedule III; accepted medical use and limited physical or psychological dependence relative to Schedule III.

Common examples: Alprazolam, diazepam, lorazepam, tramadol, and zolpidem.

Schedule V

Low abuse potential relative to Schedule IV; accepted medical use and limited physical or psychological dependence relative to Schedule IV.

Common examples: Pregabalin and specified preparations containing limited quantities of codeine or other controlled substances.

Open the full current Florida controlled-substance schedules (F.S. § 893.03)

Jury Instructions

Instruction 25.2

Sale, Purchase, Manufacture, Delivery, or Possession With Intent

Use for the applicable F.S. § 893.13 sale, purchase, manufacture, delivery, or possession-with-intent track.

View Official Instruction