Florida criminal charge
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance in Florida
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance is a criminal offense under Florida law, defined by Fla. Stat. § 893.1351. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 893.1351.
What is the penalty for ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Ownership, lease, or rental of place/conveyance for trafficking, sale, or manufacture — A person owns, leases, or rents a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Ownership, lease, or rental of place/conveyance for trafficking, sale, or manufacture — A person owns, leases, or rents a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Possession of place/conveyance for trafficking, sale, or manufacture — A person knowingly is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession of place/conveyance for trafficking, sale, or manufacture — A person knowingly is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Possession of place/conveyance for manufacture with minor present — A person is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it is being used to manufacture a controlled substance for sale or distribution, and knew or should have known a minor is present or resides there.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession of place/conveyance for manufacture with minor present — A person is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it is being used to manufacture a controlled substance for sale or distribution, and knew or should have known a minor is present or resides there.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Ownership, lease, or rental of place/conveyance for trafficking, sale, or manufacture | Felony of the Third Degree | A person owns, leases, or rents a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution. | Fla. Stat. § 893.1351(1) |
| Possession of place/conveyance for trafficking, sale, or manufacture | Felony of the Second Degree | A person knowingly is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it will be used for trafficking, sale, or manufacture of a controlled substance intended for sale or distribution. | Fla. Stat. § 893.1351(2) |
| Possession of place/conveyance for manufacture with minor present | Felony of the First Degree | A person is in actual or constructive possession of a place, structure, trailer, or conveyance knowing it is being used to manufacture a controlled substance for sale or distribution, and knew or should have known a minor is present or resides there. | Fla. Stat. § 893.1351(3) |
Common questions about ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance in Florida
Is ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance a felony or a misdemeanor in Florida?
It depends on the circumstances: ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 893.1351.
Ownership, lease, or rental of place/conveyance for trafficking, sale, or manufacture: Felony of the Third Degree (Fla. Stat. § 893.1351(1)) · Possession of place/conveyance for trafficking, sale, or manufacture: Felony of the Second Degree (Fla. Stat. § 893.1351(2)) · Possession of place/conveyance for manufacture with minor present: Felony of the First Degree (Fla. Stat. § 893.1351(3))
What are the penalties for ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance in Florida?
Penalties for ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance?
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance is governed by Fla. Stat. § 893.1351 (Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.