Skip to main content
US Criminal Defense.org
Menu

Florida statute

Fla. Stat. § 893.1351 — Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance

Current through 2025 Florida Statutes

Part of Chapter 893: Drug Abuse Prevention and Control, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 893.1351

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 893.1351Primary source, current through the 2025 Florida Statutes
(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.