Drug Crimes

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Introduction of Contraband Into a Detention Facility

Definition of Contraband The offense of Introducing Contraband into a Detention Facility is defined under Section 951.22, Florida Statutes. Under the law, the term ‘contraband’ encompasses a wide variety of prohibited items, including: Unauthorized currency or coin; Prohibited food or clothing; Unauthorized written or recorded communications; Intoxicating beverages; Narcotic, hypnotic, or excitative drugs; Other drugs,…

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Possession of Cocaine

Definition and Penalties Under Florida law, Cocaine is considered a “Schedule 2” controlled substance. Under Section 893.13(6)(a), Florida Statutes, a person found to be in “actual” or “constructive possession” of cocaine commits a third degree felony, punishable by up to five (5) years in prison or five years of probation, and a $5,000 fine. A…

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Cultivation of Marijuana

Definition and Penalties: Cultivation In Florida, the growing, cultivation, or manufacture of marijuana (cannabis) is generally governed by Section 893.13(1)(a), Florida Statutes. The statute makes it “unlawful for any person to . . . manufacture . . . or possess with intent to . . . manufacture a controlled substance,” including cannabis. A person who…

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Possession With Intent to Sell

Definition and Penalties Under Section 893.13(1)(a), Florida Statutes, it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis or cocaine. A violation of this section can be classified as a second or third degree felony, depending on the nature…

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Sale of Cannabis

Sale of Cannabis: Definition and Penalties In Florida, the sale of marijuana and other controlled substances (cocaine, opium, hydrocodone, oxycodone, meth, etc.) is governed by Section 893.13, Florida Statutes. Under the statute, a sale of marijuana occurs where: the defendant sold a substance, the substance was cannabis, the defendant knew of the presence of the…

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Possession of Marijuana

Definition of Possession Under Florida law, possession of a controlled substance, such as marijuana, is defined as the ability to exercise the right of ownership, management, or control over the thing possessed. Possession may be “actual” or “constructive” in nature. See Section 893.13(6), Florida Statutes. Actual Possession means that the cannabis is in the hand…

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Conspiracy to Sell or Traffic in Illegal Drugs

Definition of Conspiracy in Florida The crime of conspiracy is defined under Section 777.04(3) of the Florida Statutes. The statute provides that “A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.” To prove the crime of conspiracy at trial, the State…

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Possession of Drug Paraphernalia

Definition of Drug Paraphernalia Under Section 893.145, Florida Statutes, drug paraphernalia is defined as “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling,…

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