25.7(a) TRAFFICKING IN (NAME OF 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
- 25.7(a)
- Statute
- § 893.135(1), 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 Trafficking in (name of controlled substance), the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
2. The substance was [(name of controlled substance)] [a mixture containing (name of controlled substance)].
3. The [(name of controlled substance)] [mixture containing (name of controlled substance)] weighed [(insert weight alleged)].
If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., instructions on the following elements 1 and 2 should be given instead of elements 1 and 2 above. For example, if it is alleged that the defendant intended to sell heroin but actually sold cocaine, instructions on elements 1 and 2 below would be given.
1. (Defendant) intended to [possess] [sell] [purchase] [manufacture] [deliver] [bring into Florida] (a controlled substance enumerated in § 893.135(1), Fla. Stat.).
2. The defendant actually [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] (a controlled substance enumerated in § 893.135(1), Fla. Stat.).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
State v. Weller, 590 So. 2d 923 (Fla. 1991).
If you find the defendant guilty of Trafficking in (name of controlled substance), you must further determine by your verdict whether the State has further proved beyond a reasonable doubt that:
§ 893.135(1) Fla. Stat. contains differing weights and associated penalties for various controlled substances. Give if applicable, as determined by the date of the offense, up to the weight charged.
a. the [(name of controlled substance)] [mixture containing (name of controlled substance)] weighed [(insert weight)] but less than [(insert weight)].
b. the [(name of controlled substance)] [mixture containing (name of controlled substance)] weighed [(insert weight)] but less than [(insert weight)].
c. the [(name of controlled substance)] [mixture containing (name of controlled substance)] weighed [(insert weight)] but less than [(insert weight)].
Lesser-included offenses
As the instruction lists them, word for word.
Trafficking can be committed by possession, sale, purchase, manufacture, delivery, or by bringing into this state a certain amount of drugs. Accordingly, before deciding the appropriate lesser-included offenses, trial judges should review not only the evidence but also the charging document to see what type of trafficking was alleged. For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense because of State v. McCloud, 577 So. 2d 939 (Fla. 1991) (holding that possession of cocaine is not a lesser-included offense of sale of cocaine). Also, there is no crime of Attempted Delivery because the definition of “delivery” in § 893.03(6), Fla. Stat., includes the attempt to transfer from one person to another.
Related practice page
Drug Crimes Defense in Miami · Cocaine and Crack Charges in Miami · Drug Trafficking Defense in Miami
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.