Possession of a Controlled Substance – Florida Criminal Statute §893.13(6) (a)

Possession of a controlled substance – Florida Criminal Statutes §893.13(6) (a) – an individual may not have actual or constructive possession of a controlled substance unless such substance was acquired from a practitioner or in accordance with a prescription from a practitioner. The practitioner must have been acting in his or her professional capacity.

What actions are in violation of the statute?
A person violates the statute by being in actual or constructive possession of a controlled substance where such possession does not fall into a valid exception. An individual who is in violation of this provision commits a felony of the third degree.

Violation of this provision is punishable as provided in §775.082, §775.083, or §775.084.

§775.082 (3) (a) (6) (b) (2) (e) – A felony of the third degree is punishable by a term of imprisonment not exceeding five years.

§775.083 (1) – A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in §775.082. When authorized by statute, a person convicted of a crime may be sentenced to pay a fine instead of any punishment. (c) – The fine shall not exceed $5,000 when the conviction is of a felony of the third degree.

In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in cases in which a defendant pleads nolo contedere to or is convicted of, or adjudicated delinquent for a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any city or county law if the violation is considered a misdemeanor under state law. This section imposes court costs of $50 for a felony and $20 for any other offense.

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