Possession of Synthetic Cathinones in Florida: What to Know

May 21, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the possession of synthetic cathinones is criminalized under Fla. Stat. Section 893.13 and Fla. Stat. Section 893.135 . If someone is found to be in actual or constructive possession of synthetic cathinones, is manufacturing these with the intent to sell them, delivers or attempts to deliver them to another, or traffics them, this can carry severe criminal and financial penalties. 

This article will discuss what synthetic cathinones are, outline what the State must prove for someone to be found guilty of possessing, selling, or manufacturing them, and explore potential defenses.

What are Synthetic Cathinones?

Synthetic cathinones are lab-made stimulant drugs chemically related to substances found in the khat plant. They are commonly referred to as bath salts, and are regulated as a Schedule I substance both on the state and federal level.

Under Florida law, synthetic cathinones are considered a controlled substance. Fla. Stat. Section 893.135(1)(k) specifically discusses trafficking synthetic cathinones – and prohibits someone from doing any of the following:

• Possessing the substance
• Manufacturing the substance
• Delivering the substance 
• Knowingly being in actual or constructive possession of ten or more grams of the substance

Note: Constructive possession is distinguishable from actual possession – such as finding drugs on someone’s person or in their hands. To prove constructive possession of synthetic cathinones, the State must establish the following beyond a reasonable doubt:

• The defendant had knowledge of the presence of the substance
• The defendant had knowledge of the illicit nature of the substance
• The defendant was able to exercise dominion and control, either directly or through another, over the substance or the place where it was located (such as a vehicle)

Florida’s courts have held that mere proximity to contraband, such as synthetic cathinones, is insufficient to establish possession without independent proof of control or knowledge. Evans v. State, 32 So. 3d 188 (Fla. 1st DCA 2010)

Penalties for Possession of Synthetic Cathinones in Florida

If someone is found guilty of actually or constructively possessing, selling or attempting to sell, delivering, or manufacturing synthetic cathinones, they can be subject to serious criminal and financial penalties if found guilty.

Fla. Stat. Section 893.03 makes possession of less than three grams of synthetic cathinones a first-degree misdemeanor. This is punishable by up to 1 year in jail and a $1,000 fine. Someone may also receive up to 1 year of probation and will receive a mandatory 1-year driver’s license suspension.

If between 3 and 10 grams of the substance are discovered, possession becomes a third-degree felony. This is punishable by up to 5 years in prison and a $5,000 fine.

If someone is found to possess ten or more grams of synthetic cathinones, this is considered trafficking under the statute, as opposed to simple possession. When more than ten grams of synthetic cathinone are found, trafficking charges apply under Fla. Stat. Section 893.135(1)(k). This makes synthetic cathinone possession a first-degree felony, punishable by up to 30 years in prison.

Any quantity of synthetic cathinones found to be actually or constructively possessed by someone is considered a first-degree felony. However, the potential for a lengthy mandatory minimum sentence and hefty fines becomes more clear as the amount allegedly possessed increases. 

• If someone is convicted of possessing between 10 and 199 grams of synthetic cathinones, they face a mandatory minimum of 3 years in prison and a $50,000 fine 
• If someone is convicted of possessing 200 to 399 grams of synthetic cathinones, they face a mandatory minimum of 7 years in prison and a $100,000 fine
• If someone is convicted of possessing 400 grams or more of synthetic cathinones, they face a mandatory minimum of 15 years in prison and a $250,000 fine

These are just the penalties for possession. If someone is charged with the manufacture, delivery, sale, or possession with intent to sell (PWITS), they may face even lengthier sentences and incur even larger fines.

To find someone guilty of manufacture, delivery, sale, or possession with intent to sell synthetic cathinones, the State must establish the following elements at trial beyond a reasonable doubt:

• The defendant sold, manufactured, sold, or possessed with intent to sell the substance
• The substance was synthetic cathinones, in accordance with Florida law
• The defendant had knowledge of the presence of the substance (knew it to be synthetic cathinones)

Important: “Sell” means transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. “Manufacture” means the: 

• Production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance
• Directly or indirectly
• By extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis
• Includes any packaging of the substance or labeling or relabeling of its container

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance.

If someone engages in the actual or attempted, manufacture, sale or delivery of synthetic cathinones, this is automatically a third-degree felony – even if this is less than 3 grams. It is punishable by up to 5 years in prison and a $5,000 fine.

If the offense occurs within 1,000 feet of certain protected areas, any actual or attempted manufacture, sale or delivery of synthetic cathinones becomes a second-degree felony – and a first-degree felony if over 10 grams. A second-degree felony is punishable by up to 15 years in prison and a $10,000 fine.

Some examples of protected areas under Fla. Stat. Section 893.13 include:

• Schools and childcare facilities
• Public parks
• Community centers, such as recreational centers
• Religious institutions, while occupied
• Colleges and universities
• Assisted living facilities and nursing homes

The offense remains a second-degree felony even if the school is unoccupied at the time, so long as it occurred within 1,000 feet of the property. 

Various defenses exist to charges of synthetic cathinone possession or trafficking. These may include:

• Lack of knowledge of the substance 
• Inability to prove constructive possession (knowledge and dominion and control over drug or location)
• Illegal searches or seizures
• Lack of intent to sell or manufacture (if this is charged)
• Entrapment, if law enforcement induced a non-predisposed defendant to commit the charged offense 
• Valid prescription or misidentification
• Challenging quantity recovered or arguing lack of proximity to protected area (for more serious charges)

In sum, possession of synthetic cathinones is a serious drug offense under Florida law. Possession of under 3 grams is a first-degree misdemeanor, but charges quickly escalate to a first-degree felony if more than 10 grams are possessed. 

Someone may face lengthy mandatory minimum prison sentences if convicted, especially of possessing a large quantity of the substance or if this was delivered, manufactured, sold or possessed in a protected area. However, various defenses exist to any such charges, which can be reviewed and potentially used by an experienced and aggressive defense attorney.

If someone is concerned about a charge relating to synthetic cathinones, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Drug Crime Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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