(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.
History.—s. 1, ch. 91-118; s. 10, ch. 99-188; s. 22, ch. 2000-320; s. 1, ch. 2002-212; s. 14, ch. 2005-128; s. 2, ch. 2008-184; s. 43, ch. 2016-105; s. 125, ch. 2019-167.
Structure Florida Statutes
Chapter 893 - Drug Abuse Prevention and Control
893.015 - Statutory References.
893.03 - Standards and Schedules.
893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.
893.031 - Industrial Exceptions to Controlled Substance Scheduling.
893.0356 - Control of New Substances; Findings of Fact; “Controlled Substance Analog” Defined.
893.04 - Pharmacist and Practitioner.
893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.
893.055 - Prescription Drug Monitoring Program.
893.0551 - Public Records Exemption for the Prescription Drug Monitoring Program.
893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.
893.10 - Burden of Proof; Photograph or Video Recording of Evidence.
893.101 - Legislative Findings and Intent.
893.105 - Testing and Destruction of Seized Substances.
893.11 - Suspension, Revocation, and Reinstatement of Business and Professional Licenses.
893.12 - Contraband; Seizure, Forfeiture, Sale.
893.13 - Prohibited Acts; Penalties.
893.138 - Local Administrative Action to Abate Certain Activities Declared Public Nuisances.
893.145 - “Drug Paraphernalia” Defined.
893.146 - Determination of Paraphernalia.
893.149 - Unlawful Possession of Listed Chemical.
893.1495 - Retail Sale of Ephedrine and Related Compounds.
893.165 - County Alcohol and Other Drug Abuse Treatment or Education Trust Funds.
893.20 - Continuing Criminal Enterprise.
893.30 - Controlled Substance Safety Education and Awareness.