"Almost every drug case in Florida turns on two questions the police report barely addresses: was the possession really yours, and was the search really legal?"
— Carolle El-Naffy
TL;DR – Florida Statute 893.13 covers possession, sale, manufacture, and delivery of controlled substances. Simple possession is usually a third-degree felony (up to 5 years), 20 grams or less of cannabis is a first-degree misdemeanor, and selling a Schedule I or II drug is a second-degree felony. Where the offense happened — and how the drugs were found — often matters more than what was found.
What Florida Statute 893.13 Covers
§ 893.13, Florida Statutes sits inside the Florida Comprehensive Drug Abuse Prevention and Control Act (Chapter 893). It makes it unlawful for any person to:
- Possess a controlled substance without a valid prescription
- Sell, manufacture, or deliver a controlled substance
- Possess with intent to sell, manufacture, or deliver
The penalty is not one number. It moves with three variables: which schedule the substance falls into, what quantity was involved, and where the conduct took place.
Trafficking is a separate statute — § 893.135 — with weight-triggered mandatory minimums. If your case is charged under 893.13, you are outside the trafficking mandatory minimums, which is a meaningful difference.
The Drug Schedules Under § 893.03
Florida classifies controlled substances into five schedules in § 893.03, ordered by abuse potential and accepted medical use:
- Schedule I — high abuse potential, no accepted medical use in Florida. Heroin, MDMA, LSD, and (as a matter of state statute) cannabis.
- Schedule II — high abuse potential with accepted medical use. Cocaine, methamphetamine, oxycodone, hydrocodone, fentanyl.
- Schedule III — moderate abuse potential. Ketamine, anabolic steroids, buprenorphine.
- Schedule IV — lower abuse potential. Alprazolam (Xanax), diazepam, clonazepam.
- Schedule V — lowest abuse potential. Certain low-dose codeine preparations.
The schedule drives the felony degree. That's why two people arrested with a similar-looking baggie can face very different exposure.
Simple Possession: What the Penalties Look Like
Under § 893.13(6), possessing a controlled substance without a valid prescription is generally:
- Third-degree felony for most controlled substances — up to 5 years in prison, 5 years of probation, and a $5,000 fine.
- First-degree misdemeanor for 20 grams or less of cannabis — up to 1 year in county jail and a $1,000 fine.
- More than 20 grams of cannabis — back to a third-degree felony.
- Schedule V substances — generally a second-degree misdemeanor.
For how those degrees compare across Florida's whole penalty structure, see Misdemeanor vs. Felony in Florida.
A conviction also carries a collateral penalty many people never see coming: under § 322.055, a drug conviction triggers a two-year driver's license suspension, though a hardship license may be available.
Sale, Delivery, and Possession with Intent
Under § 893.13(1), moving from possession to distribution raises the stakes sharply:
- Schedule I or II substances (cocaine, heroin, meth, oxycodone) — second-degree felony: up to 15 years and a $10,000 fine.
- Schedule III or IV substances — third-degree felony: up to 5 years and a $5,000 fine.
- Delivery of 20 grams or less of cannabis without payment — first-degree misdemeanor.
Note what's missing from that list: an actual sale. The state does not have to prove money changed hands. Possession with intent can be built entirely from circumstantial evidence — quantity, packaging, scales, cash, phone messages. That inference is contestable, and it is often the single most important fight in the case. We break the distinction down in Drug Possession vs. Intent to Distribute.
Enhancement Zones: The 1,000-Foot Rule
Subsections 893.13(1)(c)–(f) elevate the offense degree when a sale, delivery, or possession with intent occurs within 1,000 feet of protected locations, including:
- Schools and child care facilities
- Public parks and community centers
- Public housing facilities
- Colleges and universities
- Places of worship
- Convenience businesses
- Assisted living facilities
In a school zone, selling a Schedule I or II substance can become a first-degree felony carrying a three-year mandatory minimum. In dense parts of Miami-Dade and Broward, it is difficult to stand anywhere that isn't within 1,000 feet of something on that list — which is exactly why the measurement itself, and whether the state can prove it, deserves scrutiny.
Actual vs. Constructive Possession
Possession does not require the drugs to be in your hand.
- Actual possession — on your person, or within your immediate reach and control.
- Constructive possession — somewhere else (a car console, a shared apartment, a bag), where the state must prove you knew of its presence and had the ability to exercise dominion and control over it.
Constructive possession cases are where prosecutions most often break down. When several people occupy a vehicle or residence, mere proximity is not enough. Without a statement, fingerprints, DNA, or an exclusive-access argument, the state may be unable to tie the substance to any one person.
The Knowledge Question Under § 893.101
Florida made a deliberate choice here. Under § 893.101, knowledge of the illicit nature of the substance is not an element the state must prove. Instead, lack of that knowledge is an affirmative defense — one the defense raises and supports.
Practically, that means the burden picture is unusual, and a genuine "I didn't know what was in the bag" defense has to be built carefully, with corroboration, rather than simply asserted.
Defenses to a 893.13 Charge
Strong drug defenses usually attack the way the evidence was obtained or the link between the substance and the client:
- Unlawful search or seizure — no reasonable suspicion for the stop, no probable cause or valid consent for the search. A successful motion to suppress often ends the case.
- Weak constructive possession — shared space, multiple occupants, no proof of knowledge or control.
- Valid prescription — a complete defense to a possession charge under 893.13(6).
- Lack of knowledge — the affirmative defense preserved by § 893.101.
- Lab and chain-of-custody problems — field tests are presumptive, not conclusive; weight, identity, and handling can all be challenged.
- Medical cannabis — lawful use under § 381.986 with valid registration, and hemp-versus-cannabis testing issues.
- Entrapment — where law enforcement induced conduct the defendant wasn't predisposed to commit.
First-Time Offenders and Diversion
A first drug arrest is not automatically a conviction. Depending on the charge and the county, options may include pretrial diversion, drug court, or a withhold of adjudication — meaning no formal conviction on the record. Miami-Dade's drug court is one of the oldest in the country, and Broward's 17th Circuit runs its own diversion tracks.
That distinction matters later: a withhold can leave the door open to sealing the record, while a conviction generally closes it. See also How Florida Handles First-Time Offenders.
Related Charges
Drug arrests rarely arrive alone. Commonly stacked companions include paraphernalia under § 893.147 — see what a paraphernalia defense costs — plus trafficking under § 893.135, and, in larger cases, federal prosecution instead of state charges.
Charged Under 893.13 in Miami-Dade or Broward? Start With the Search
Most drug cases are won before trial — in the motion to suppress, in the gap between proximity and possession, in the lab report nobody read closely. Carolle El-Naffy examines how the stop began, how the search was justified, and whether the state can actually connect the substance to you.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
