25.9 SALE, MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER [FENTANYL] [INSERT RELEVANT 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
- 25.9
- Statute
- § 893.13(1)(i), 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] [manufactured] [delivered] [possessed with intent to [sell] [manufacture] [deliver]] a certain substance.
2. The substance was [(insert relevant substance listed in § 893.13(1)(i)1.a.-f., Fla. Stat.)] [a mixture containing (insert relevant substance listed in § 893.13(1)(i)1.a.-f., Fla. Stat.)].
3. The [substance] [mixture] was in a form that resembled, or was mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further had at least one of the following attributes:
a. Resembled the trade dress of a branded food product, consumer food product, or logo food product; or,
b. Incorporated an actual or fake registered copyright, service mark, or trademark; or,
c. Resembled candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or,
d. Contained a cartoon character imprint.
4. (Defendant) had knowledge of the presence of the substance.
Lesser-included offenses
As the instruction lists them, word for word.
SALE, PURCHASE, MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER [fentanyl] [relevant controlled substance] — 893.13(1)(i)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| *Possession of a Controlled Substance, if Possession with Intent is charged | 893.13(6) | 25.7 | |
| Attempt, except when delivery is charged | 777.04(1) | 5.1 |
Related practice page
Drug Crimes Defense in Miami · Fentanyl Charges in Miami · Prescription Pill Charges 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.