25.3 SALE, PURCHASE, DELIVERY, OR POSSESSION IN EXCESS OF TEN GRAMS OF A CONTROLLED SUBSTANCE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 25.3
- Statute
- § 893.13(1)(b), Fla. Stat.; § 893.13(2)(b), Fla. Stat.; and § 893.13(6)(c), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of (crime charged), the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) [sold] [purchased] [delivered] [or] [possessed] [a certain substance] [a mixture] [a combination of substances].
2. The [substance] [mixture] [combination of substances] contained (specific substance alleged).
3. The [substance] [mixture] [combination of substances] weighed more than 10 grams.
4. (Defendant) had knowledge of the presence of the substance.
Lesser-included offenses
As the instruction lists them, word for word.
SALE, PURCHASE, DELIVERY, OR POSSESSION IN EXCESS OF 10 GRAMS — 893.13(1)(b), (2)(b), and (6)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Sale, purchase, or delivery of controlled substance if sale, purchase, or delivery is charged | 893.13(1)(a) and (2)(a) | 25.2 | |
| *Possession of a controlled substance, if possession is charged | 893.13(6) | 25.7 | |
| Attempt, except when delivery is charged | 777.04(1) | 5.1 |
Related practice page
Criminal defense in Miami. State or federal.
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.