Florida Drug Laws and Penalties FSS 893.13
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Questions and Answers

What is the penalty for selling, manufacturing, or delivering a controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5?

  • A felony of the first degree
  • A felony of the third degree
  • A felony of the second degree (correct)
  • A misdemeanor of the first degree

    • What is the penalty for selling or delivering in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (b), or any combination thereof, or any mixture containing any such substance?

  • A felony of the third degree
  • A felony of the second degree
  • A misdemeanor of the first degree
  • A felony of the first degree (correct)

    • What is meant by a 'community center' in this context?

  • A facility operated by a religious organization
  • A facility operated by a nonprofit community-based organization (correct)
  • A facility operated by a for-profit organization
  • A facility operated by a government agency

    • What is the punishment for violating the paragraph with respect to a controlled substance named or described in s.893.03(1)(a)?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the penalty for selling, manufacturing, or delivering a controlled substance named or described in s. 893.03(5)?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    Under what circumstances is it prohibited to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance?

    <p>In, on, or within 1,000 feet of the real property comprising a child care facility</p> Signup and view all the answers

    Where must a sign be posted according to paragraph (d)?

    <p>On the property of the child care facility in a conspicuous place</p> Signup and view all the answers

    What is the additional penalty for committing a violation with respect to any other controlled substance, except as lawfully sold, manufactured, or delivered?

    <p>A $500 fine and 100 hours of public service</p> Signup and view all the answers

    What is the purpose of the provision prohibiting the sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver, a controlled substance in certain areas?

    <p>To protect children and vulnerable populations</p> Signup and view all the answers

    What is the penalty for selling, manufacturing, or delivering a controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., or (2)(c)10?

    <p>A felony of the third degree</p> Signup and view all the answers

    What type of institution is mentioned in paragraph (d)?

    <p>Public or private college, university, or other postsecondary educational institution</p> Signup and view all the answers

    What is the time period during which it is prohibited to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility?

    <p>Between the hours of 6 a.m. and 12 midnight</p> Signup and view all the answers

    What is the minimum term of imprisonment for violating paragraph (a) with respect to a controlled substance named or described in s. 893.03(1)(a)?

    <p>3 years</p> Signup and view all the answers

    What type of facility is included in the provision prohibiting the sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver, a controlled substance in certain areas?

    <p>All of the above</p> Signup and view all the answers

    What type of business is mentioned in paragraph (e)?

    <p>Convenience business</p> Signup and view all the answers

    What is the distance within which a controlled substance cannot be sold, manufactured, or delivered in paragraph (d)?

    <p>1,000 feet</p> Signup and view all the answers

    What is the purpose of the sign posted on the property of the child care facility?

    <p>To identify the facility as a licensed child care facility</p> Signup and view all the answers

    What is the exception to the rule stated in paragraph (d)?

    <p>If the owner or operator of the facility posts a sign that is not less than 2 square feet in size</p> Signup and view all the answers

    What is the punishment for manufacturing methamphetamine or phencyclidine in a structure or conveyance where a child younger than 16 years of age is present?

    <p>Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the punishment for selling a controlled substance in, on, or within 1,000 feet of a public housing facility?

    <p>Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the term used to describe the real property of a public housing facility?

    <p>Real property comprising a public housing facility</p> Signup and view all the answers

    What is the punishment for possessing any listed chemical as defined in s. 893.033, in violation of s. 893.149, and with intent to manufacture methamphetamine or phencyclidine?

    <p>Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the term used to describe a facility providing services that include clinical treatment, intervention, or prevention?

    <p>Licensed service provider</p> Signup and view all the answers

    What is the punishment for selling, manufacturing, or delivering, or possessing with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of a mental health facility?

    <p>Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the term used to describe a housing authority facility?

    <p>Public housing authority</p> Signup and view all the answers

    What is the minimum term of imprisonment for manufacturing methamphetamine or phencyclidine in a structure or conveyance where a child younger than 16 years of age is present?

    <p>5 calendar years</p> Signup and view all the answers

    What is the punishment for selling, manufacturing, or delivering, or possessing with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of a recovery residence?

    <p>Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the punishment for purchasing, or possessing with intent to purchase, a controlled substance?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the intent of a person who attempts to obtain a controlled substance or prescription by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact?

    <p>To obtain a controlled substance or prescription that is not medically necessary for the person</p> Signup and view all the answers

    What is considered a material fact in the context of obtaining a controlled substance or prescription?

    <p>Whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner</p> Signup and view all the answers

    What is the penalty for possessing more than 10 grams of a substance named or described in s. 893.03 (1)(a), (1)(b), or (2)(b)?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the penalty for a person who violates subparagraphs (a)1.-6?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for possessing 20 grams or less of cannabis?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is prohibited for a prescribing practitioner to do?

    <p>Write a prescription for a controlled substance for a fictitious person</p> Signup and view all the answers

    What is considered a violation of subparagraph (a)1.?

    <p>Knowingly assisting a patient in obtaining a controlled substance through deceptive, untrue, or fraudulent representations</p> Signup and view all the answers

    What is the exception to the definition of 'cannabis' in this chapter?

    <p>The resin extracted from the plants of the genus Cannabis</p> Signup and view all the answers

    What is the penalty for a prescribing practitioner who violates paragraph (a)?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the penalty for possessing a controlled substance named or described in s. 893.03 (5)?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer arrest without a warrant?

    <p>When the officer has probable cause to believe the person is violating the provisions of this chapter</p> Signup and view all the answers

    What is a factor in determining whether a prescribing practitioner knowingly assisted a patient in obtaining a controlled substance?

    <p>Whether the patient had an existing prescription for a controlled substance issued for the same period of time by another practitioner</p> Signup and view all the answers

    What is prohibited in relation to a controlled substance named or described in s. 893.03 (1) or (2)?

    <p>Distributing or dispensing without a prescription</p> Signup and view all the answers

    What is the penalty for a person who violates subparagraphs (a)7.-12?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is a key factor in determining the penalty for a violation of the provisions of subparagraph (a)13. or paragraph (b)?

    <p>The type of controlled substance involved</p> Signup and view all the answers

    What is the penalty for keeping or maintaining a store or dwelling that is used for keeping or selling controlled substances?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is prohibited in relation to a prescription form?

    <p>Possessing a prescription form without a signature</p> Signup and view all the answers

    What is prohibited in relation to information obtained in enforcement of this chapter?

    <p>Using the information for personal advantage</p> Signup and view all the answers

    What is prohibited in relation to acquiring a controlled substance?

    <p>Acquiring the substance by misrepresentation</p> Signup and view all the answers

    What is the reclassification of a violation if a prescribing practitioner has received $1,000 or more in payment for writing one or more prescriptions?

    <p>A felony of the second degree</p> Signup and view all the answers

    Who is exempt from the provisions of subsections (1)-(8) of this chapter?

    <p>Persons included in certain classes, such as pharmacists, practitioners, and others</p> Signup and view all the answers

    What is the penalty if a person violates any provision of this chapter and the violation results in a serious injury to a law enforcement officer?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the penalty if a person violates any provision of this chapter and the violation results in death or great bodily harm to a law enforcement officer?

    <p>A felony of the second degree</p> Signup and view all the answers

    Who can procure controlled substances in good faith and in the course of professional practice only?

    <p>Only persons included in certain classes, such as pharmacists and practitioners</p> Signup and view all the answers

    What is the exception to the provisions of subsections (1)-(8) of this chapter?

    <p>Only for persons included in certain classes, such as pharmacists, practitioners, and others</p> Signup and view all the answers

    What is the penalty if a prescribing practitioner has written one or more prescriptions for a quantity of a controlled substance that meets the threshold for the offense of trafficking in a controlled substance?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the purpose of the provision that exempts certain classes of persons from the provisions of subsections (1)-(8) of this chapter?

    <p>To allow persons to use controlled substances for medical or scientific purposes</p> Signup and view all the answers

    What is the punishment for a person who delivers, without consideration, 20 grams or less of cannabis?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for a person who violates the paragraph with respect to a controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4)?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the punishment for a person who brings into this state any controlled substance unless the possession of such controlled substance is authorized by this chapter or unless such person is licensed to do so by the appropriate federal agency?

    <p>Depends on the type of controlled substance</p> Signup and view all the answers

    What is the penalty for a person who sells, manufactures, or delivers, or possesses with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a specified area?

    <p>Same as the penalty for the underlying offense</p> Signup and view all the answers

    What is the penalty for a person who delivers any controlled substance to a person younger than 18 years of age?

    <p>Depends on the type of controlled substance</p> Signup and view all the answers

    What is the penalty for a person who purchases more than 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance?

    <p>A felony of the first degree</p> Signup and view all the answers

    What is the punishment for a person who uses or hires a person younger than 18 years of age as an agent or employee in the sale or delivery of a controlled substance?

    <p>Depends on the type of controlled substance</p> Signup and view all the answers

    What is the penalty for a person who is in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner?

    <p>Depends on the type of controlled substance</p> Signup and view all the answers

    What is the penalty for a person who sells, manufactures, or delivers a controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5?

    <p>A felony of the first degree</p> Signup and view all the answers

    What is the penalty for a person who is 18 years of age or older and delivers a controlled substance to a person younger than 18 years of age?

    <p>Depends on the type of controlled substance</p> Signup and view all the answers

    Study Notes

    Prohibited Acts and Penalties

    • Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.
    • Penalties for violating this provision:
      • Controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5: felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4): felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(5): misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Enhanced Penalties for Certain Offenses

    • Selling, manufacturing, or delivering, or possessing with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising:
      • A child care facility: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • A public or private elementary, middle, or secondary school: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • A state, county, or municipal park, a community center, or a publicly owned recreational facility: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • A physical place for worship: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • A convenience business: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • Manufacturing methamphetamine or phencyclidine, or possessing any listed chemical with intent to manufacture methamphetamine or phencyclidine:
      • Commission or attempted commission of the crime in a structure or conveyance where any child younger than 16 years of age is present: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a minimum term of imprisonment of 5 calendar years.
      • Commission of the crime causing any child younger than 16 years of age to suffer great bodily harm: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a minimum term of imprisonment of 10 calendar years.

    Purchase of Controlled Substances

    • Except as authorized by this chapter, a person may not purchase, or possess with intent to purchase, a controlled substance.
    • Penalties for violating this provision:
      • Controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5: felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4): felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(5): misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Delivery of Controlled Substances to Minors

    • Except as authorized by this chapter, a person 18 years of age or older may not deliver any controlled substance to a person younger than 18 years of age.
    • Penalties for violating this provision:
      • Controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5: felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4): felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Any other controlled substance: felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Possession of Controlled Substances

    • A person may not possess a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner.

    • Penalties for violating this provision:

      • Controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5: felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      • Controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4): misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
      • Controlled substance named or described in s. 893.03(5): misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.### Prohibited Acts by Prescribing Practitioners

    • Employing a trick or scheme to assist a patient or another person in obtaining a controlled substance

    • Writing a prescription for a controlled substance for a fictitious person

    • Writing a prescription for a controlled substance for the sole purpose of providing a monetary benefit to oneself or another

    Medical Necessity

    • If a prescription was written without medical necessity, it may be considered as evidence in determining whether the prescribing practitioner violated the law

    Penalties

    • Violating paragraph (a) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
    • If the prescribing practitioner received $1,000 or more in payment or wrote a prescription for a quantity of a controlled substance meeting the threshold for trafficking, the violation is reclassified as a felony of the second degree

    Exemptions

    • The provisions of subsections (1)-(8) do not apply to certain classes of persons, including:
      • Pharmacists
      • Practitioners
      • Persons who procure controlled substances in good faith and in the course of professional practice
      • Hospitals
      • Officers or employees of state, federal, or local governments
      • Common carriers
      • Manufacturers, wholesalers, and distributors
      • Law enforcement officers

    Enhanced Penalties for Injuries to Law Enforcement and Other Officials

    • If a violation of this chapter results in a serious injury to a law enforcement officer, firefighter, emergency medical technician, or other specified officials, the person commits a felony of the third degree
    • If the injury results in death or great bodily harm, the person commits a felony of the second degree

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    Description

    This quiz covers prohibited acts and penalties related to controlled substances in Florida, including selling, manufacturing, and possessing with intent to sell or manufacture.

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