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Delivery of Controlled Substance

Under Florida Statute § 893.02(6), the term “deliver” or “delivery” is defined to mean the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Although the term “sell” is often used interchangeably with the term “delivery,” the term “sell” is defined to mean “to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.”

The distinction between “delivery” and “sell” is most important for crimes related to the delivery of 20 grams or less of cannabis because without proof of consideration, delivery of cannabis is a first degree misdemeanor.

Another important distinction for delivery drug crimes is that Florida law doesn’t provide for “attempted delivery of a controlled substance” because the definition of “delivery” in § 893.02(6), Fla. Stat., includes the “attempt” to transfer from one person to another.

Attorney for Delivery of Controlled Substance in Tampa, FL

If you were accused of delivery of a controlled substance, then contact an experienced drug crime defense attorney in Tampa, FL. The attorneys at Sammis Law Firm fight serious felony drug cases throughout the greater Tampa Bay area.

For charges related to the sale, delivery, purchase, or manufacture of a controlled substance under Florida Statute § 893.13(1)(a) and (2)(a), Fla. Stat., contact an experienced criminal defense attorney at Sammis Law Firm.

With offices in downtown Tampa in Hillsborough County and in New Port Richey in Pasco County, our drug defense attorneys represent clients throughout the greater Tampa Bay area.

Call us at 813-250-0500 to discuss your case.


Elements of Delivery of a Controlled Substance

To prove the crime of delivery of a controlled substance, the State must prove the following three elements beyond a reasonable doubt:

  • Defendant delivered with intent to sell, manufacture, deliver, or purchase a certain substance;
  • The substance was (__________ (specific substance alleged));
  • The substance alleged, ________, is a controlled substance;
  • Defendant had knowledge of the presence of the substance.

The most common types of delivery offenses prosecuted in Hillsborough County include delivery of cocaine (DRUG1202) and delivery of cannabis.


Special Considerations for the “Delivery of Cannabis” in Florida

Delivery of 20 Grams or Less of Cannabis without consideration is a misdemeanor. See § 893.13(3), Fla. Stat. For this reason, if the prosecutor with the State Attorney’s Office charges the felony of Delivery of More Than 20 Grams of Cannabis, the jury must make a finding as to the weight. In those cases, the jury is often instructed:

If you find that (defendant) is guilty of Delivery of Cannabis, you must then determine if the State proved beyond a reasonable doubt that the cannabis weighed more than 20 grams.

If the prosecutor alleges the defendant possessed cannabis, in an amount more than 20 grams, with intent to sell, purchase, deliver, or manufacture the cannabis, there will be both a felony necessary lesser-included offense of simple possession and a misdemeanor lesser-included offense of simple possession. See § 893.13(6)(b), Fla. Stat.

For drug crimes related to the possession of cannabis in Florida, the definition of cannabis if found in §§§ 893.02(3); 893.13(3); 893.13(6)(b), Fla. Stats. The term “cannabis” is defined to include all parts of any plant of the genus Cannabis, whether growing or not and the seeds thereof.

The definition of cannabis does not include concentrated forms of the substance. When THC in the green leafy substance is concentrated into a resin, oil or wax, the authorities in Hillsborough County sometimes use the phrase “cannabis sativa resin” or “tetrahydrocannabinol.”

Starting in 2014, the Florida legislature passed laws pertaining to “medical cannabis” or “low-THC cannabis,” which is excluded from the definition of “cannabis” in § 893.02(3), Fla. Stat. Cannabis must be manufactured, possessed, sold, purchased, delivered, distributed, or dispensed in conformance with § 381.986, Fla. Stat. Special jury instructions become necessary in cases where a defendant relies on a cannabis-related prescription defense.


Types of Drug Delivery Crimes in Hillsborough County, FL

The way that different types of delivery crimes are classified in Hillsborough County, FL, include:

  • Drug1200 under 893.13.1a, a 2nd degree felony for “Delivery Of Cocaine”
  • Drug1700 under 893.13.1e, a 1st degree felony for “Delivery Of Cocaine Within 1000 Feet Of School”
  • Drug1703 under 893.13.1i, a 1st degree felony for “Delivery Of Cocaine Wthn 200 Feet Of Posted”
  • Drug1704 under 893.13.1i, a 1st degree felony for “Deliver Cocaine Wthn 200 Ft Of Public Housing”
  • Drug1706 under 893.13.1c, a 1st degree felony for “Delivery Of Cocaine Within 1000 Ft Of School”
  • Drug1709 under 893.13.F1, a 1st degree felony for “Delivery Cocaine Within 200 Ft Of Public Housing”
  • Drug1710 under 893.13.4a, a 1st degree felony for “Use Of Minor To Deliver Cocaine”
  • Drug1712 under 893.13.1c1, a 1st degree felony for “Sale Deliver Cocaine Win 1000 Ft Child Care Facility”
  • Drug1714 under 893.13.1c1, a 1st degree felony for “Delivery Of Cocaine Within 1000 Feet Of School”
  • Drug1715 under 893.13.1f1, a 1st degree felony for “Delivery Of Cocaine Within 1000 Ft Public Housing”
  • Drug1717 under 893.13.1c1, a 1st degree felony for “Deliver Cocaine Within 1000 Feet Of Public Park”
  • Drug1718 under 893.13.1d1, a 1st degree felony for “Deliver Cocaine Win 1000 Ft Of  Post Secondary”
  • Drug3200 under 893.13.1a, a 2nd degree felony for “Delivery Of Heroin”
  • Drug8110 under 893.147.2ab, a 3rd degree felony for “Manufacture Or Delivery Of Drug Paraphernalia”
  • Drug9103 under 893.13.1b, a 1st degree felony for “Delivery Controlled Substance In Excess Of 10”
  • Drug9200 under 893.13.1a, a felony for “Delivery Of Controlled Substance”
  • Drug9300 under 893.13.1a, a felony for “Poss Cont Sub With Intent To Sell Or Deliver”
  • Drug9313 under 893.13.1a, a 1st degree felony for “Armed Delivery Of A Controlled Substance”
  • Drug9314 under 893.13.1a, a 2nd degree felony for “Armed Delivery Of Controlled Substance”
  • Drug9719 under 893.13.4b, a 2nd degree felony for “Delivery Of Controlled Substance To A Minor”
  • Drug9722 under 893.13.4b, a 2nd degree felony for “Use Of Minor To Deliver Controlled Substance”
  • Drug9724 under 893.13.1d1, a 1st degree felony for “Delivery Of A Controlled Substance Within 1000”
  • Drug9725 under 893.13.1f2, a 2nd degree felony for “Delivery Of A Controlled Substance Within 1000”
  • Drug9728 under 893.13.1d2, a 2nd degree felony for “Delivery Of A Controlled Substance Within 1000”
  • Drug9740 under 893.13.1e, a felony for “Delivery Of Cont Sub W/In 1000 Feet Of School”
  • Drug9741 under 893.13.1c, a felony for “Delivery Cont Sub Within 1000 Ft Of School”
  • Drug9742 under 893.13.1c, a felony for “Delivery Of Cont Sub W/In 1000 Feet Of School”
  • Drug9743 under 893.13.1c, a felony for “Del Cont Sub Within 1000 Ft Of  Public Park”
  • Drug9883 under 831.31.1a, a 3rd degree felony for “Delivery Of A Counterfeit Controlled Substance”

Read more about the different ways that drug crimes can be charged in Hillsborough County, FL.


This article was last updated on Wednesday, December 19, 2018.

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