Legal Question in Criminal Law in Florida
"893.13 Prohibited acts; penalties.--
(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance."
The above section from 893.13 does not explicitly criminalize the possession (and recreational use) of controlled substances in the State of Florida. Therefore, is possession with intent to use a criminal offense?
Asked on 3/29/10, 10:44 am
2 Answers from Attorneys
Don Waggoner
Don Waggoner Law, P.A.
Read the rest of the chapter. It is lawful to possess for any reason.
Answered on 4/03/10, 1:02 pm
Craig Epifanio
Craig Epifanio, P.A.
Read subsection 6 of 893.13, which makes it unlawful (which I'm sure what Mr. Waggoner meant to say) to possess illegal drugs.
Answered on 4/04/10, 12:05 pm
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