Eric J. Dirga, P.A.

A Florida Trial Attorney

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Florida Drug Offense Jury Instructions

The Key To Any Trial Is Through The Jury Instructions

Prosecutors Must Prove And Defendants Must Attack The Jury Instructions

Last Updated: May 27, 2016

Jury Instructions are standardized speeches that a judge uses to instruct the jury on what law to apply twhen they are making their decision as to guilt. In reality, these become the actual law at trial.

A comparison of the statute and the jury instruction usually reveals some differences. This begs the question What is the law? Ignorance of the law is not a defense to any crime. Florida statutes are published and updated online and easily searched. However, besides lawyers, no one hears anything about Jury Instructions or what they are used for unless they are a defendant standing trial.

Below is the list of all standardized jury instructions for drug abuse and contraband cases in Florida. These are not comprehensive. In fact, many laws do not have a standardized jury instruction. What is below is what currently exists.

Florida's Jury Instructions For Drug Abuse And Contraband Cases

25.1 Sale of a Substance in Place of a Controlled Substance § 817.563, Fla.Stat.

25.2 Drug Abuse — Sale, Purchase, Manufacture, Delivery, or Possession with Intent § 893.13(1)(a), Fla.Stat.

25.3 Drug Abuse — Sale, Purchase, Delivery, or Possession in Excess of Ten Grams § 893.13(1)(b), Fla.Stat.

25.4 Drug Abuse — Delivery to or Use of Minor § 893.13(4), Fla.Stat.

25.5 Drug Abuse — Bringing into State § 893.13(5), Fla.Stat.

25.6 Contraband in Specified Locations § 893.13(1)(c), (d) and (e), Fla.Stat.

25.7 Drug Abuse — Possession § 893.13(6)(a), Fla.Stat.

25.8 Drug Abuse — Obtaining Controlled Substance by Fraud, etc. § 893.13(7)(a)9, Fla.Stat.

25.9 Trafficking in Cannabis § 893.135(1)(a), Fla.Stat.

25.10 Trafficking in Cocaine § 893.135(1)(b), Fla.Stat.

25.11 Trafficking In [Morphine][Opium][Oxycodone] [Hydrocodone][Hydromorphone][Heroin][(Specific Substance Alleged)] § 893.135(1)(c), Fla.Stat.

25.12 Trafficking in Phencyclidine § 893.135(1)(d), Fla.Stat.

25.13 Trafficking in Methaqualone § 893.135(1)(e), Fla.Stat.

25.14 Drug Abuse — Use or Possession of Drug Paraphernalia § 893.147(1), Fla.Stat.

25.15 Drug Abuse — Delivery, Possession with Intent to Deliver, or Manufacture with intent to Deliver Drug Paraphernalia § 893.147(2), Fla.Stat.

25.15(a) Retail Sale of Drug Paraphernalia § 893.147(6), Fla.Stat.

25.16 Drug Abuse — Delivery of Drug Paraphernalia to a Minor § 893.147(3), Fla.Stat.

25.17 Contraband in County Detention Facility § 951.22, Fla.Stat.

25.18 Contraband in Juvenile Facility § 985.4046, Fla.Stat.

25.19 Unlawful Sale, Manufacture, Alteration, Delivery, Uttering or Possession of Counterfeit-Resistant Prescription Blanks for Controlled Substances § 831.311, Fla.Stat.

25.20 Possession of Contraband [In] [Upon the] Grounds of a State Correctional Institution § 944.47(1)(c), Fla.Stat.

25.21 [Introduction] [Removal] of Contraband [Into] [From] a State Correctional Institution § 944.47(1)(a), Fla.Stat.

Corrections/Errors; Questions

The purpose of publishing this information is to help both prosecutors and defense attorneys, and non-lawyers better understand the criminal justice system in Florida. We appreciate any input that may further this goal.

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