Florida Drug Laws Chapter 893

February 1, 2021 Don Pumphrey, Jr. Drug Charges Social Share

In 1973, the Florida Legislature passed the “Florida Comprehensive Drug Abuse Prevention and Control Act” in order to “comprehensively address drug abuse prevention and control in this state.” This was codified as Florida Statutes § 893, and now serves as the controlling drug law in the state. Regardless of what the goal cited, this act has served to create criminal penalties and lifelong ramifications for a whole host of victimless crimes.

If you or someone you care about has been accused of a drug crime in the state of Florida, contact a criminal defense attorney as soon as possible who will defend your rights. The legal team at Pumphrey Law is fighting for legalization of many recreational drugs, but in the meantime will fight for you and the best possible outcome for your case, regardless of the accusations.

History of Florida Drug Laws

Before Florida addressed drug use and possession through a comprehensive bill, the issue was taken up at the federal level. The “Comprehensive Drug Abuse Prevention and Control Act of 1970” is a federal law that was passed to regulate the pharmaceutical industry. The goal was to divide drugs into “schedules” between 1 (I) and 5 (V). The purpose of these was to categorize schedule I drugs as those with no accepted therapeutic use, high potential for abuse and a lack of accepted safety. Schedules II through V have potential medical uses, and the likelihood of abuse decreases.

Tittle II of the federal act takes this one step further and criminalizes the possession of these drugs without a prescription. Since categorization of a drug as schedule I prevents prescriptions being ordered, it effectively illegalizes any possession of those substances. The act does include procedure for rescheduling drugs, higher or lower based on new scientific evidence. The most famous example of rescheduling attempts belongs to Marijuana. Lobbyists have been attempting remove Schedule I classification for marijuana since as early as 1972, and as of the writing of this article, 15 states and the District of Columbia have fully legalized the drug.

While Florida has started allowing the sale of medical marijuana, our state tends to follow federal law in this area. In 1973 the Florida Comprehensive Drug Abuse Prevention and Control Act was passed in order to “achieve uniformity between the laws of Florida and the laws of the United States.” This has resulted in an escalation of drug prosecutions in the fight against the “War on Drugs.”

It’s no secret that the war on drugs has failed. Both the federal and Florida comprehensive acts were an extension of that policy initiative. These acts have served only to put people in jail for non-violent crimes, as opposed to actually helping with addiction. It is estimated that 68% of drug offenders return to incarceration within 3 years of release. The war on drugs has cost the United States over $1 trillion, with millions spent per day just to keep drug offenders behind bars. In 2015, law enforcement here in Florida ended up laundering $71.5 million dollars for drug cartels without a single arrest, a symbol of the broken drug enforcement procedures the Florida Comprehensive Drug Abuse Prevention and Control Act creates.

As states make strides towards decriminalization of drug crimes and treatment-based penalties, Florida continues to follow the broken federal model.

Florida’s Drug Schedule

Controlled substances in Florida, much like the federal rules, are classified by schedules which go from I to V. The lower a schedule, the higher the danger and the ramifications are. The classification is based on the potential for abuse, medical use and the results of abuse, according to Florida Statutes § 893.03.

• Schedule I: “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”
• 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.”
• Schedule III: “has a potential for abuse less than the substances contained in Schedules I and II and has 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.”
• Schedule IV: “has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule III.”
• Schedule V: “A substance, compound, mixture, or preparation of a substance in Schedule V has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse of such compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV.”

Florida Drug Crimes

The Florida Comprehensive Drug Abuse Prevention and Control Act also outlines crimes and penalties for possession offense. These drug charges range from low-level misdemeanors to serious felonies.

• Possession of a Controlled Substance
  • Possession of one of the substances labelled as controlled is normally a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Certain drugs, classified as schedule 5, result in a second-degree misdemeanor charge, with up to 60 days in jail and a fine of up to $500.

• Possession with Intent to Sell
  If more of a substance is possessed, enough to show intent to sell or distribute, the penalty increases. The type of charge is based on the schedule of the alleged substance, but can vary from a first-degree misdemeanor (up to a year in jail and a fine of up to $1,000) to a second-degree felony (up to 15 years in prison and a fine of up to $10,000)
• Drug Trafficking
  “Trafficking” is large-scale manufacturing, transportation, or sale of a controlled substance. This is charged when there is an even larger amount, with the amount based on the drug in question. This can be charged as severely as a first-degree felony, carrying up to 30 years in prison and a fine of up to $10,000. The weights for some of the most common are:
  • Marijuana – 25 lbs or 300 plants
  • Cocaine – 28 g.
  • LSD – 1 gram
  • Ecstasy: 10 g.
• Possession of Drug Paraphernalia
  Involves possession of drug paraphernalia such as bongs, pipes, scales, testing, blenders, containers, needles, etc. which are intended to be used for controlled substances. This is a first-degree misdemeanor and punishable with up to a year in jail and a fine of up to $1,000.

Defenses to Drug Charges

• Chemical Challenge – There are two main ways a potential conviction can be lessened or stopped in its tracks. First, the state must prove beyond a reasonable doubt that a substance is a controlled substance. Drug analysis can be used to show the truth or undermine dubious results on the part of the government. Second, because the weight of drugs in question is so important, testing which reveals the total weight is not what it seems at first can be used to lessen the charges being levied.
• Constitutional Challenge – Contact by the police, searches, warrants, statements by the accused, ect., all fall under constitutional scrutiny. The Constitution protects you against police invasion, and if your rights have been violated the most common result is suppression of the evidence or dismissal of the charges.
• Valid Prescription – for those controlled substances for which a prescription is available from a medical doctor, that is a defense to the charges.

Tallahassee, FL Criminal Defense Lawyer

Don Pumphrey and the members of the legal team at Pumphrey Law Firm have decades of experience representing individuals accused of possession of controlled substances, and other drug charges across Florida. They are dedicated to defending the rights of clients in any circumstance and will fight for the best possible result. Call a Tallahassee drug crime attorney today at (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with a drug defense attorney in our legal team.

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