In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion ( 2016 )


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  •               Supreme Court of Florida
    ____________
    No. SC15-1170
    ____________
    IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—
    REPORT NO. 2015-03.
    [April 7, 2016]
    CORRECTED OPINION
    PER CURIAM.
    The Supreme Court Committee on Standard Jury Instructions in Criminal
    Cases has submitted proposed changes to the standard jury instructions and asks
    that the Court authorize the amended standard instructions. We have jurisdiction.
    See art. V, § 2(a), Fla. Const.
    The Committee proposes amending the following existing standard criminal
    jury instructions: 25.2 (Sale, Purchase, Manufacture, Delivery, or Possession with
    Intent to Sell, Purchase, Manufacture, or Deliver a Controlled Substance); 25.3
    (Sale, Purchase, Delivery, or Possession in Excess of Ten Grams of a Controlled
    Substance); 25.4 (Delivery of a Controlled Substance to or Use of Minor); 25.5
    (Bringing a Controlled Substance into the State); 25.6 (Sell, Manufacture, Deliver,
    or Possession with Intent to Sell, Manufacture or Deliver a Controlled Substance in
    Specified Locations); 25.7 (Possession of a Controlled Substance); 25.8 (Obtaining
    a Controlled Substance by Fraud, Etc.); 25.9 (Trafficking in Cannabis); 25.10
    (Trafficking in Cocaine); 25.11 (Trafficking in [Morphine] [Opium]
    [Hydromorphone] [Heroin] [(Specified Substance Alleged)]); 25.12 (Trafficking in
    Phencyclidine); 25.13 (Trafficking in Methaqualone); 25.14 (Use or Possession
    with Intent to Use Drug Paraphernalia); 25.15 (Delivery, Possession with Intent to
    Deliver, or Manufacture with Intent to Deliver Drug Paraphernalia); 25.16
    (Delivery of Drug Paraphernalia to a Minor); 25.17 (Contraband in County
    Detention Facility); 25.18 (Contraband in Juvenile [Detention Facility]
    [Commitment Program]); 25.20 (Possession of Contraband [In] [Upon the Grounds
    of] a State Correctional Institution); and 25.21 ([Introduction] [Removal] of
    Contraband [Into] [From] a State Correctional Institution). The Committee also
    proposes the following new jury instructions: 25.11(a) (Trafficking in
    Hydrocodone); 25.11(b) (Trafficking in Oxycodone); 25.13(a) (Trafficking in
    [Amphetamine] [Methamphetamine]); 25.13(b) (Trafficking in Flunitrazepam);
    25.13(c) (Trafficking in [GHB] [GBL] [1,4-Butanediol]); 25.13(d) (Trafficking in
    Phenethylamines (Includes MDMA)); and 25.13(e) (Trafficking in LSD). The
    Committee published its proposals in The Florida Bar News. One comment was
    -2-
    received by the Committee. The Court did not publish the proposals after they
    were filed.
    Having considered the Committee’s report and the comment submitted to
    the Committee, we amend the standard jury instructions as proposed by the
    Committee, with one exception, and authorize them for publication and use. While
    the Committee expressed the belief that the existing explanation of constructive
    possession in the majority of instructions they sought to amend was deficient, the
    Court is unaware of any case law that has held the current explanation of
    constructive possession deficient or that has redefined constructive possession
    from that in the existing drug trafficking jury instructions. For that reason, we
    decline to alter the explanation of constructive possession in the jury instructions
    herein under consideration.
    The new and amended criminal jury instructions, as set forth in the appendix
    to this opinion, are hereby authorized for publication and use.1 New language is
    indicated by underlining, and deleted language is indicated by struck-through type.
    In authorizing the publication and use of these instructions, we express no opinion
    1. The amendments as reflected in the appendix are to the Criminal Jury
    Instructions as they appear on the Court’s website at www.floridasupremecourt.org
    /jury_instructions/instructions.shtml. We recognize that there may be minor
    discrepancies between the instructions as they appear on the website and the
    published versions of the instructions. Any discrepancies as to instructions
    authorized for publication and use after October 25, 2007, should be resolved by
    reference to the published opinion of this Court authorizing the instruction.
    -3-
    on their correctness and remind all interested parties that this authorization
    forecloses neither requesting additional or alternative instructions nor contesting
    the legal correctness of the instructions. We further caution all interested parties
    that any comments associated with the instructions reflect only the opinion of the
    Committee and are not necessarily indicative of the views of this Court as to their
    correctness or applicability. The instructions as set forth in the appendix shall be
    effective when this opinion becomes final.
    It is so ordered.
    LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
    and PERRY, JJ., concur.
    NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
    IF FILED, DETERMINED.
    Original Proceeding – Supreme Court Committee on Standard Jury Instructions in
    Criminal Cases
    Judge Frederic Rand Wallis, Chair, Supreme Court Committee on Standard Jury
    Instructions in Criminal Cases, Daytona Beach, Florida; Judge Jerri Lynn Collins,
    Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal
    Cases, Sanford, Florida; and Barton Neil Schneider, Staff Liaison, Office of the
    State Courts Administrator, Tallahassee, Florida,
    for Petitioner
    -4-
    25.2 SALE, PURCHASE, MANUFACTURE, DELIVERY, OR
    POSSESSION WITH INTENT TO SELL, PURCHASE, MANUFACTURE,
    OR DELIVER A CONTROLLED SUBSTANCE
    § 893.13(1)(a) and (2)(a), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of (crime charged), the State must prove the
    following(applicable number) three elements beyond a reasonable doubt:
    1.    (Defendant) [sold] [manufactured] [delivered] [purchased]
    [possessed with intent to [sell] [manufacture] [deliver] [purchase]]
    a certain substance.
    2.    The substance was (specific substance alleged).
    Give if possession is charged.
    3.     (Defendant) had knowledge of the presence of the
    substance.
    Delivery of 20 Grams or Less of Cannabis without consideration is a
    misdemeanor. See § 893.13(3), Fla. Stat. If the State charges the felony of Delivery
    of More Than 20 Grams of Cannabis, the jury must make a finding as to the
    weight. Give if applicable.
    3. or 4. If you find that (defendant) is guilty of Delivery of Cannabis, you
    must then determine if the State proved beyond a reasonable doubt that the
    The cannabis weighed more than 20 grams.
    Definitions. Give as applicable.
    Cannabis. §§§ 893.02(3); 893.13(3); 893.13(6)(b), Fla. Stats.
    See Comment section for medical marijuana.
    Cannabis means all parts of any plant of the genus Cannabis, whether
    growing or not and the seeds thereof.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    -5-
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    -6-
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.    had exclusive control of the place where the substance was
    located,
    -7-
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to (crime charged). (Defendant) has raised this defense.
    You are permitted topresume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the controlled substance and exercised control or ownership over
    the substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of (crime charged).
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of (crime charged).
    -8-
    Lesser Included Offenses
    SALE, PURCHASE, MANUFACTURE, DELIVERY OR POSSESSION WITH
    INTENT— 893.13(1)(a) and (2)(a)
    CATEGORY                  CATEGORY TWO                  FLA. STAT. INS.
    ONE                                                             NO.
    Possession of                                           893.13(6)  25.7
    a Controlled
    Substance, if
    Possession
    With Intent is
    charged
    Delivery of 20                                          893.13(3)  25.2
    Grams or Less
    of Cannabis if
    Delivery of
    More than 20
    Grams of
    Cannabis is
    charged
    Attempt, except when delivery is charged 777.04(1)  5.1
    Comments
    If the State alleges the defendant possessed cannabis, in an amount more
    than 20 grams, with intent to sell, purchase, deliver, or manufacture the cannabis,
    there will be both a felony necessary lesser-included offense of simple possession
    and a misdemeanor lesser-included offense of simple possession. See 893.13(6)(b),
    Fla. Stat.
    If the State alleges the defendant possessed a controlled substance listed in
    § 893.03(1)(c)46.–50., 114.–142., 151.–159, or 166.–16973., in an amount more
    than 3 grams, there will be both a felony necessary lesser-included offense of
    simple possession and a misdemeanor necessary lesser-included offense of simple
    possession. See § 893.13(6)(b)., Fla. Stat.
    -9-
    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.
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ],
    and 2016.
    25.3 SALE, PURCHASE, DELIVERY, OR POSSESSION IN EXCESS OF
    TEN GRAMS OF A CONTROLLED SUBSTANCE
    § 893.13(1)(b), (2)(b), and (6)(c), Fla. Stat.
    This instruction will have to be altered if a combination of substances is
    alleged.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of (crime charged), the State must prove the
    following(applicable number) three elements beyond a reasonable doubt:
    1.     (Defendant) [sold] [purchased] [delivered] [possessed] a certain
    substance that weighed more than 10 grams.
    2.     The substance was (specific substance alleged).
    Give if possession is charged
    3.     (Defendant) had knowledge of the presence of the substance.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    - 10 -
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to controlover that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    - 11 -
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the substance, [or]
    b. was within ready reach of the substance and the substance was under
    [his] [her] control, [or]
    c. had exclusive control of the place where the substance was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the abilitypower and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to (crime charged). (Defendant) has raised this defense.
    - 12 -
    You are permitted topresume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the controlled substance and exercised control or ownership over
    the substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of (crime
    charged).
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of (crime charged).
    Lesser Included Offenses
    SALE, PURCHASE, DELIVERY,OR POSSESSION IN EXCESS OF 10
    GRAMS — 893.13(1)(b), (2)(b), and (6)(c)
    CATEGORY ONE                   CATEGORY TWO               FLA.         INS.
    STAT.        NO.
    Sale, purchase, or delivery                               893.13(1)(a) 25.2
    of controlled substance if                                and (2)(a)
    sale, purchase, or delivery is
    charged
    Possession of a controlled                                893.13(6)    25.7
    substance, if possession is
    charged
    Attempt, except when       777.04(1)    5.1
    delivery is charged
    Comments
    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.
    - 13 -
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ],
    and 2016.
    25.4 DELIVERY OF A CONTROLLED SUBSTANCE TO
    OR USE OF MINOR
    § 893.13(4), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of (crime charged), the State must prove the
    following [three] [four] elements beyond a reasonable doubt:
    Give 1a, 1b, and/or 1c as applicable.
    1.     a.    (Defendant) delivered a certain substance to a person under
    the age of 18 years.
    b.    (Defendant) used or hired a person under the age of 18 years
    as an agent or employee in the sale or delivery of a certain
    substance.
    c.    (Defendant) used a person under the age of 18 years to assist
    in avoiding detection or apprehension for (violation of
    chapter 893, Fla. Stat., alleged).
    2.     The substance was (specific substance alleged).
    3.     (Defendant) was 18 years of age or older at the time.
    4.    (Defendant) had knowledge of the presence of the
    substance.
    Definition.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    - 14 -
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to (crime charged). (Defendant) has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the controlled substance and exercised control or ownership over
    the substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of (crime
    charged).
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of (crime charged).
    Lesser Included Offenses
    DELIVERY OF A CONTROLLED SUBSTANCE TO OR USE OF A
    MINOR — 893.13(4)
    CATEGORY ONE             CATEGORY TWO       FLA.         INS.
    STAT.        NO.
    Delivery of a Controlled                    893.13(1)(a) 25.2
    Substance
    Comments
    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.
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    - 15 -
    25.5 BRINGING A CONTROLLED SUBSTANCE INTO THE STATE
    § 893.13(5), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of Bringing a Controlled Substance Into the State,
    the State must prove the following [two] [three] elements beyond a reasonable
    doubt:
    1.     (Defendant) brought a certain substance into Florida.
    2.     The substance was (specific substance alleged).
    3.     (Defendant) had knowledge of the presence of the substance.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Bringing a Controlled Substance Into the State. (Defendant) has
    raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the controlled substance and exercised control or ownership over
    the substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Bringing a
    Controlled Substance Into the State.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Bringing a Controlled Substance Into the State.
    - 16 -
    Lesser Included Offenses
    BRINGING A CONTROLLED SUBSTANCE INTO THE
    STATE — 893.13(5)
    CATEGORY ONE    CATEGORY TWO          FLA.      INS.
    STAT.     NO.
    Attempt               777.04(1) 5.1
    Comments
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1997 [
    697 So. 2d 84
    ],
    2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    25.6 SELL, MANUFACTURE, DELIVER, OR POSSESSION WITH
    INTENT TO SELL, MANUFACTURE OR DELIVER A CONTROLLED
    SUBSTANCE IN SPECIFIED LOCATIONS
    § 893.13(1)(c)–(f) and (h), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of (crime charged), the State must prove the
    following [three] [four] elements beyond a reasonable doubt:
    1.     (Defendant) [sold] [manufactured] [delivered] [possessed with
    intent to [sell] [manufacture] [deliver]] a certain substance.
    Give as applicable. § 893.13(1)(c)–(f) and (h), Fla. Stat.
    2.    The [sale] [manufacture] [delivery] [possession with intent to [sell]
    [manufacture] [deliver]] took place in, on, or within 1,000 feet of:
    [the real property comprising a child care facility];
    - 17 -
    [the real property comprising a public or private [elementary]
    [middle] [secondary] school between the hours of 6:00 a.m. and
    12:00 midnight];
    [the real property comprising [a state, county, or municipal
    park] [a community center] [a publicly-owned recreational
    facility];
    [the real property comprising a public or private college,
    university, or other postsecondary educational institution];
    [a physical place for worship at which a church or religious
    organization regularly conducts religious services];
    [a convenience business];
    [the real property comprising a public housing facility];
    [the real property comprising an assisted living facility].
    3.    The substance was (specific substance alleged).
    4.   (Defendant) had knowledge of the presence of the
    substance.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    - 18 -
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    - 19 -
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.    had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or theability power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    - 20 -
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Child care facility. § 402.302, Fla. Stat.
    “Child care facility” means any child care center or arrangement which
    provides child care for more than five children unrelated to the operator and
    which receives a payment, fee, or grant for any of the children receiving care.
    It does not matter if the child care facility is operated for profit or as a
    nonprofit operation.
    Convenience business. § 812.171, Fla. Stat.
    A “convenience business” means any place of business that is primarily
    engaged in the retail sale of groceries, or both groceries and gasoline, and that
    is open for business at any time between the hours of 11 p.m. and 5 a.m. The
    term does not include any of the following: a business that is primarily a
    restaurant, or one that always has at least five employees on the premises
    after 11 p.m. and before 5 a.m., or one that has at least 10,000 square feet of
    retail floor space. The term “convenience business” also does not include any
    business in which the owner or members of [his] [her] family work between
    the hours of 11 p.m. and 5 a.m.
    Real property comprising a public housing facility. § 421.03(12), Fla. Stat.
    The term “real property comprising a public housing facility” is defined
    as the real property of a public corporation created as a housing authority by
    statute.
    Community Center. § 893.13(1)(c), Fla. Stat.
    The term “community center” means a facility operated by a nonprofit
    community-based organization for the provision of recreational, social, or
    educational services to the public.
    Assisted living facility. § 429.02(5), Fla. Stat.
    “Assisted living facility” means any building or buildings, section or
    distinct part of a building, private home, boarding home, home for the aged,
    or other residential facility, whether operated for profit or not, which
    undertakes through its ownership or management to provide housing, meals,
    and one or more personal services for a period exceeding 24 hours to one or
    more adults who are not relatives of the owner or administrator.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    - 21 -
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to (crime charged). (Defendant) has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the controlled substance and exercised control or ownership over
    the substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of (crime
    charged).
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of (crime charged).
    Lesser Included Offenses
    SELL, MANUFACTURE, DELIVER, OR POSSESSION WITH INTENT
    TO SELL, MANUFACTURE OR DELIVER A CONTROLLED
    SUBSTANCE IN SPECIFIED LOCATIONS — 893.13(1)(c)–(f) and (h)
    CATEGORY ONE             CATEGORY TWO FLA. STAT.       INS. NO.
    Sale, Manufacture, or                 893.13(1)(a)     25.2
    Delivery of a controlled
    substance, if Sale,
    Manufacture, or
    Delivery is charged
    Possession of a                       893.13(6)        25.7
    Controlled Substance, if
    Possession with Intent
    to Sell, Manufacture, or
    Deliver is charged
    - 22 -
    Comments
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2000 [
    765 So. 2d 692
    ], 2007 [
    969 So. 2d 245
    ], and
    2014 [
    153 So. 3d 192
    ], and 2016.
    25.7 POSSESSION OF A CONTROLLED SUBSTANCE
    § 893.13(6), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of Possession of a Controlled Substance, the State
    must prove the following [three] [four] elements beyond a reasonable doubt:
    1.     (Defendant) knew of the presence of a substance.
    2.     (Defendant) exercised control or ownership over that substance.
    3.     The substance was (specific substance alleged).
    § 893.13(6)(b), Fla. Stat. Give if applicable.
    The jury must make a finding as to weight if the defendant is charged with
    possessing more than 20 grams of cannabis or more than 3 grams of a substance
    listed in § 893.03(1)(c)46–50, 114–142, 151–159, or 166–16973 Fla. Stat.
    4.     The [cannabis weighed more than 20 grams] [(insert name of
    substance listed in 893.03(1)(c)46–50, 114–142, 151–159, or 166–
    16973) weighed more than three grams].
    § 893.13(6)(c), Fla. Stat.
    The jury must make a finding as to weight if the defendant is charged with
    violating § 893.13(6)(c), Fla. Stat.
    4.    The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)]
    [combination of (insert names of substances listed in 893.03(1)(a) or
    - 23 -
    893.03(1)(b)] [mixture containing (insert name of substance listed in
    893.03(1)(a) or 893.03(1)(b)] weighed more than 10 grams.
    Definitions.
    Give if applicable. Cannabis. § § 893.02(3), 893.13(6)(b), Fla. Stat.
    See Comment section for medical marijuana.
    Cannabis means all parts of any plant of the genus Cannabis, whether
    growing or not, and the seeds thereof [but does not include any resin extracted
    from the plant].
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of a substance and may jointly exercise
    - 24 -
    control over it. In that case, each of those persons is considered to be in
    possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.     had direct physical custody of the substance, [or]
    b.     was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to the crime of Possession of a Controlled Substance. (Defendant) has
    raised this defense.
    - 25 -
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Possession of a
    Controlled Substance.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Possession of a Controlled Substance.
    Lesser Included Offenses
    POSSESSION OF A CONTROLLED SUBSTANCE — 893.13(6)
    CATEGORY ONE CATEGORY TWO FLA. STAT.         INS. NO.
    Possession of Less              893.13(6)(b) 25.7
    than 20 Grams of
    Cannabis or
    Possession of Less
    than 3 Grams of a
    Substance listed in
    893.03(1)(c)46–50,
    114–142, 151–159,
    or 166–16973, if the
    felony level of these
    substances is
    charged
    Attempt   777.04(1)    5.1
    Comments
    Fla. Stat. §_893.21, Fla. Stat.
    A person acting in good faith who seeks medical assistance for an
    individual experiencing a drug-related overdose may not be prosecuted for
    Possession of a Controlled Substance if the evidence of the possession was
    obtained as a result of the person’s seeking medical assistance.
    - 26 -
    A special instruction is necessary when the defense is a mere involuntary or
    superficial possession. See cases such as Hamilton v. State, 
    732 So. 2d 493
    (Fla. 2d
    DCA 1999) and Sanders v. State, 
    563 So. 2d 781
    (Fla. 1stst DCA 1990).
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ],
    and 2016.
    25.8 OBTAINING A CONTROLLED SUBSTANCE BY FRAUD, ETC.
    § 893.13(7)(a)9., Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) is a controlled substance.
    To prove the crime of Obtaining a Controlled Substance by
    [Misrepresentation] [Fraud] [Forgery] [Deception] [Subterfuge], the State
    must prove the following three elements beyond a reasonable doubt:
    1.     (Defendant) [acquired or obtained] [attempted to acquire or
    obtain] possession of a certain substance.
    2.     The substance was (specific substance alleged).
    3.     (Defendant) [acquired or obtained] [attempted to acquire or
    obtain] the substance by [misrepresentation] [fraud] [forgery]
    [deception] [subterfuge].
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to the crime of Obtaining a Controlled Substance by
    - 27 -
    [Misrepresentation] [Fraud] [Forgery] [Deception] [Subterfuge]. (Defendant)
    has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that (defendant) was in
    actual or constructive possession of the controlled substance. Read explanation
    of actual and/or constructive possession, as applicable.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Obtaining a
    Controlled Substance by [Misrepresentation] [Fraud] [Forgery] [Deception]
    [Subterfuge].
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Obtaining a Controlled Substance by [Misrepresentation]
    [Fraud] [Forgery] [Deception] [Subterfuge].
    Lesser Included Offenses
    No lesser included offenses have been identified for this offense.
    Comments
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    25.9 TRAFFICKING IN CANNABIS
    § 893.135(1)(a), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Cannabis is a controlled substance.
    - 28 -
    To prove the crime of Trafficking in Cannabis, the State must prove the
    following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was cannabis.
    3.    The cannabis [weighed more than 25 pounds] [constituted
    300 or more cannabis plants].
    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 cannabis, instructions on elements 1 and 2 below
    would be given.
    1.    (Defendant) intended to [sell] [purchase] [manufacture]
    [deliver] [bring into Florida] [possess] (an enumerated
    controlled substance in § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] cannabis.
    Definitions. Give as applicable.
    Cannabis. § 893.02(3), Fla. Stat.
    See Comment section for medical marijuana.
    “Cannabis” means all parts of any plant of the genus Cannabis whether
    growing or not; the seeds thereof; the resin extracted from any part of the
    plant; and every compound, manufacture, salt, derivative, mixture, or
    preparation of the plant or its seeds or resin.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    - 29 -
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    - 30 -
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA
    2012); Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    - 31 -
    b.     was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Cannabis. (Defendant) has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Cannabis.
    - 32 -
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Cannabis.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Cannabis, you must
    further determine by your verdict whether the State has proved beyond a
    reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(a)1.–3., Fla. Stat. to verify the weights
    or amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.    [The cannabis weighed more than 25 pounds but less than 2,000
    pounds.] [constituted 300 or more cannabis plants but not more
    than 2,000 cannabis plants.]]
    b.     [The cannabis [weighed 2,000 pounds or more but less than 10,000
    pounds.] [constituted 2,000 or more cannabis plants but not more
    than 10,000 cannabis plants.]]
    c.     [The cannabis [weighed 10,000 pounds or more.] [constituted
    10,000 or more cannabis plants.]
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    - 33 -
    In 2014, the legislature passed laws pertaining to medical marijuana, also
    known as “low-THC cannabis,” which is excluded from the definition of
    “cannabis” in § 893.02(3), Fla. Stat.; is defined in § 381.986(1)(b), Fla. Stat.; and
    must be manufactured, possessed, sold, purchased, delivered, distributed, or
    dispensed in conformance with § 381.986, Fla. Stat. A special instruction will be
    necessary in cases where a defendant relies on a cannabis-related prescription
    defense.
    This instruction was adopted in 1981 and amended in 1987 [
    509 So. 2d 917
    ],
    1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], 2013 [
    112 So. 3d 1211
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    25.10 TRAFFICKING IN COCAINE
    § 893.135(1)(b), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Cocaine [or any mixture containing cocaine] is a controlled
    substance.
    To prove the crime of Trafficking in Cocaine, the State must prove the
    following three elements beyond a reasonable doubt:
    1.     (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.     The substance was [cocaine] [a mixture containing cocaine].
    3.     The [cocaine] [mixture containing cocaine] weighed 28 grams or
    more.
    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 [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled
    substance in § 893.135(1), Fla. Stat.).
    - 34 -
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] cocaine or a mixture
    containing cocaine.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    - 35 -
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    - 36 -
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.     had direct physical custody of the substance, [or]
    b.      was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Cocaine. (Defendant) has raised this defense.
    - 37 -
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Cocaine.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Cocaine.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Cocaine, you must
    further determine by your verdict whether the State has further proved
    beyond a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(b)1.–2., Fla. Stat. to verify the weights
    or amounts specified in the statute, as determined by the date of the offense. Give
    if applicable up to extent of charge.
    a.    [The [cocaine][mixture containing cocaine] weighed 28 grams or
    more but less than 200 grams.]
    b.     [The [cocaine][mixture containing cocaine] weighed 200 grams or
    more but less than 400 grams.]
    c.     [The [cocaine][mixture containing cocaine] weighed 400 grams or
    more but less than 150 kilograms.]
    d.     [The [cocaine][mixture containing cocaine] weighed 150
    kilograms or more.]
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    - 38 -
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 1981 and amended in 1985 [
    477 So. 2d 985
    ],
    1987 [
    509 So. 2d 917
    ], 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], 2013 [
    112 So. 3d 1211
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    25.11 TRAFFICKING IN [MORPHINE] [OPIUM][OXYCODONE]
    [HYDROCODONE] [HYDROMORPHONE] [HEROIN] [(SPECIFIC
    SUBSTANCE ALLEGED)]
    § 893.135(1)(c)1. and § 893.135(1)(c)4., Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” (Specific substance alleged) or any mixture containing (specific
    substance alleged) is a controlled substance.
    To prove the crime of Trafficking in [(specific substance alleged)], the
    State must prove the following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [morphine] [opium][oxycodone]
    [hydrocodone] [hydromorphone] [heroin] [(specific substance
    alleged)] [a mixture containing [morphine] [opium][oxycodone]
    [hydrocodone] [hydromorphone] [heroin] [(specific substance
    alleged)].
    - 39 -
    3.    The [morphine] [opium][oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] [mixture
    containing [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] weighed 4
    grams or more.
    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 phencyclidine hydromorphone, instructions on
    elements 1 and 2 below would be given.
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] (specific substance
    alleged) or a mixture containing (specific substance alleged).
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    - 40 -
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    - 41 -
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the substance, [or]
    b. was within ready reach of the substance and the substance was under
    [his] [her] control, [or]
    c. had exclusive control of the place where the substance was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    - 42 -
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in (Substance Alleged). (Defendant) has raised this
    defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    (Substance Alleged).
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in (Substance Alleged).
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Illegal Drugs (Specific
    Substance alleged), you must further determine by your verdict whether the
    State has proved beyond a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(c)1.-2., Fla. Stat., to verify the weights
    or amounts specified in the statute, as determined by the date of the offense. Give
    if applicable up to extent of charge.
    a.    [The [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] [mixture
    containing [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [herioin] [(specific substance alleged)] weighed 4
    grams or more but less than 14 grams.]
    - 43 -
    b.     [The [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] [mixture
    containing [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [herioin] [(specific substance alleged)] weighed
    14 grams or more but less than 28 grams.]
    c.     [The [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] [mixture
    containing [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [herioin] [(specific substance alleged)] weighed
    28 grams or more but less than 30 kilograms.]
    d.     [The [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [heroin] [(specific substance alleged)] [mixture
    containing [morphine] [opium] [oxycodone] [hydrocodone]
    [hydromorphone] [herioin] [(specific substance alleged)] weighed
    30 kilograms or more.]
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 1981 and amended in 1985 [
    477 So. 2d 985
    ],
    1987 [
    509 So. 2d 917
    ], 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], 2013 [
    112 So. 3d 1211
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    - 44 -
    25.11(a) TRAFFICKING IN HYDROCODONE
    § 893.135(1)(c)2. and § 893.135(1)(c)4., Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Hydrocodone [or any mixture containing hydrocodone] is a
    controlled substance.
    To prove the crime of Trafficking in Hydrocodone, the State must prove
    the following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [hydrocodone] [a mixture containing
    [hydrocodone].
    3.    The [hydrocodone] [mixture containing hydrocodone] weighed 14
    grams or more.
    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 hydrocodone, instructions on elements 1 and 2 below
    would be given.
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] hydrocodone or a
    mixture containing hydrocodone.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    - 45 -
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    - 46 -
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the substance, [or]
    b. was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c. had exclusive control of the place where the substance was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    - 47 -
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Hydrocodone. (Defendant) has raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Hydrocodone.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Hydrocodone.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Hydrocodone, you
    must further determine by your verdict whether the State has proved beyond
    a reasonable doubt that:
    - 48 -
    Enhanced penalty. See § 893.135(1)(c), Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.     the [hydrocodone] [mixture containing hydrocodone] weighed 14
    grams or more but less than 28 grams.
    b.     the [hydrocodone] [mixture containing hydrocodone] weighed 28
    grams or more but less than 50 grams.
    c.     the [hydrocodone] [mixture containing hydrocodone] weighed 50
    grams or more but less than 200 grams.
    d.     the [hydrocodone] [mixture containing hydrocodone] weighed 200
    grams or more but less than 30 kilograms.
    e.    the [hydrocodone] [mixture containing hydrocodone] weighed 30
    kilograms or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    - 49 -
    25.11(b) TRAFFICKING IN OXYCODONE
    § 893.135(1)(c)3. and § 893.135(1)(c)4., Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Oxycodone [or any mixture containing oxycodone] is a controlled
    substance.
    To prove the crime of Trafficking in Oxycodone, the State must prove
    the following three elements beyond a reasonable doubt:
    1.   (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [oxycodone] [a mixture containing
    [oxycodone].
    3.    The [oxycodone] [mixture containing oxycodone] weighed 7 grams
    or more.
    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 oxycodone, instructions on elements 1 and 2 below
    would be given.
    1.      (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] oxycodone or a
    mixture containing oxycodone.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    - 50 -
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    - 51 -
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish control over
    that substance when the substance is in a place that the person does not
    control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.    had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    - 52 -
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Oxycodone. (Defendant) has raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Oxycodone.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Oxycodone.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Oxycodone, you must
    further determine by your verdict whether the State has proved beyond a
    reasonable doubt that:
    - 53 -
    Enhanced penalty. See § 893.135(1)(c), Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.     the [oxycodone] [mixture containing oxycodone] weighed 7 grams
    or more but less than 14 grams.
    b.     the [oxycodone] [mixture containing oxycodone] weighed 14
    grams or more but less than 25 grams.
    c.      the [oxycodone] [mixture containing oxycodone] weighed 25
    grams or more but less than 100 grams.
    d.     the [oxycodone] [mixture containing oxycodone] weighed 100
    grams or more but less than 30 kilograms.
    e.    the [oxycodone] [mixture containing oxycodone] weighed 30
    kilograms or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    - 54 -
    25.12 TRAFFICKING IN PHENCYCLIDINE
    § 893.135(1)(d), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Phencyclidine or any mixture containing phencyclidine is a
    controlled substance.
    To prove the crime of Trafficking in Phencyclidine, the State must
    prove the following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [phencyclidine] [a mixture containing
    phencyclidine].
    3.    The [phencyclidine] [mixture containing phencyclidine] weighed
    28 grams or more.
    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 phencyclidine, instructions on elements 1 and 2 below
    would be given.
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] phencyclidine or a
    mixture containing phencyclidine.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    - 55 -
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    - 56 -
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA
    2012); Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    - 57 -
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Phencyclidine. (Defendant) has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Phencyclidine.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Phencyclidine.
    - 58 -
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Phencyclidine, you
    must further determine by your verdict whether the State has proved beyond
    a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(d)1.a.–c., Fla. Stat. to verify the
    weights or amounts specified in the statute, as determined by the date of the
    offense. Give if applicable up to extent of charge.
    a.     [The [phencyclidine] [mixture containing phencyclidine] weighed
    28 grams or more but less than 200 grams.]
    b.     [The [phencyclidine] [mixture containing phencyclidine] weighed
    200 grams or more but less than 400 grams.]
    c.     [The [phencyclidine] [mixture containing phencyclidine] weighed
    400 grams or more.]
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 1981 and amended in 1987 [
    509 So. 2d 917
    ],
    1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], 2013 [
    112 So. 3d 1211
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    - 59 -
    25.13 TRAFFICKING IN METHAQUALONE
    § 893.135(1)(e), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Methaqualone or any mixture containing methaqualone is a
    controlled substance.
    To prove the crime of Trafficking in Methaqualone, the State must
    prove the following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered ] [brought into Florida] a certain
    substance.
    2.    The substance was [methaqualone] [a mixture containing
    methaqualone].
    3.    The [methaqualone] [a mixture containing methaqualone]
    weighed 200 grams or more.
    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 methaqualone, instructions on elements 1 and 2 below
    would be given.
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] methaqualone or a
    mixture containing methaqualone.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(135)(a), Fla. Stat.
    “Manufacture” means the production, preparation, packaging, labeling
    or relabeling, propagation, compounding, cultivating, growing, conversion or
    - 60 -
    processing of a controlled substance, either directly or indirectly.
    Manufacturing can be by extraction from substances of natural origin, or
    independently by means of chemical synthesis. It can also be by a
    combination of extraction and chemical synthesis. propagation, compounding,
    cultivating, growing, conversion, or processing of a controlled substance,
    either directly or indirectly, by extraction from substances of natural origin,
    or independently by means of chemical synthesis, or by a combination of
    extraction and chemical synthesis, and includes any packaging of the
    substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(56), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.    The substance is in the hand of or on the person, or
    b.    The substance is in a container in the hand of or on the
    person, or
    c.    The substance is so close as to be within ready reach and is
    under the control of the person.
    - 61 -
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control over that substance when the substance is in a place
    that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.    had exclusive control of the place where the substance was
    located,
    - 62 -
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [[she] had knowledge of the
    presence of the substance or the ability power and intention to control it, in
    the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the ability power and intention to control it if [he] [she]
    had joint control over the place where the substance was located, and the
    substance was located in a common area in plain view and in the presence of
    the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if applicable
    there is evidence that the defendant 1) did not know of the presence of the
    substance or 2) knew of the presence of the substance, but did not know of its illicit
    nature. § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Methaqualone. (Defendant) has raised this defense.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Methaqualone.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her]_not guilty of Trafficking in Methaqualone.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    - 63 -
    If you find the defendant guilty of Trafficking in Methaqualone, you
    must further determine by your verdict whether the State has proved beyond
    a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(e)1.a.–c., Fla. Stat. to verify the
    weights or amounts specified in the statute, as determined by the date of the
    offense. Give if applicable up to extent of charge.
    a.     [The [methaqualone][mixture containing methaqualone] weighed
    200 grams or more but less than 5 kilograms.]
    b.     [The [methaqualone][mixture containing methaqualone] weighed
    5 kilograms or more but less than 25 kilograms.]
    c.     [The [methaqualone][mixture containing methaqualone] weighed
    25 kilograms or more.]
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 1981 and amended in 1987 [
    509 So. 2d 917
    ],
    1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], 2013 [
    112 So. 3d 1211
    ], and 2014 [
    153 So. 3d 192
    ], and 2016.
    - 64 -
    25.13(a) TRAFFICKING IN [AMPHETAMINE] [METHAMPHETAMINE]
    § 893.135(1)(f), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” [Amphetamine] [Methamphetamine] [or a mixture containing
    [Amphetamine] [Methamphetamine] [Phenylacetone, Phenylacetic Acid,
    Pseudoephedrine, or Ephedrine in conjunction with other chemicals and
    equipment utilized in the manufacture of Amphetamine or
    Methamphetamine]] is a controlled substance.
    To prove the crime of Trafficking in [Amphetamine]
    [Methamphetamine], the State must prove the following three elements
    beyond a reasonable doubt:
    1.     (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.     The substance was [amphetamine] [methamphetamine] [a
    mixture containing [amphetamine] [methamphetamine]
    [(specified substance) in conjunction with other chemicals and
    equipment utilized in the manufacture of Amphetamine or
    Methamphetamine]].
    3.     The [amphetamine] [methamphetamine] [a mixture containing
    (specified substance)] weighed 14 grams or more.
    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 methamphetamine, instructions on elements 1 and 2
    below would be given.
    1.    (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    - 65 -
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] methamphetamine
    or a mixture containing methamphetamine.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    - 66 -
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    - 67 -
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.    had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in [Amphetamine] [Methamphetamine]. (Defendant)
    has raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    - 68 -
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    [Amphetamine] [Methamphetamine].
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in [Amphetamine] [Methamphetamine].
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in [Amphetamine]
    [Methamphetamine], you must further determine by your verdict whether the
    State has proved beyond a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(f), Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.     the [amphetamine] [methamphetamine] [a mixture containing
    (specified substance)] weighed 14 grams or more but less than 28
    grams.
    b.     the [amphetamine] [methamphetamine] [a mixture containing
    (specified substance)] weighed 28 grams or more but less than 200
    grams.
    c.    the [amphetamine] [methamphetamine] [a mixture containing
    (specified substance)] weighed 200 grams or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. Accordingly, before deciding the appropriate lesser-included
    offenses, trial judges should review not only the evidence but also the charging
    - 69 -
    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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    25.13(b) TRAFFICKING IN FLUNITRAZEPAM
    § 893.135(1)(g), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Flunitrazepam or a mixture containing flunitrazepam is a
    controlled substance.
    To prove the crime of Trafficking in Flunitrazepam, the State must
    prove the following three elements beyond a reasonable doubt:
    1.     (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [flunitrazepam] [a mixture containing
    flunitrazepam].
    3.    The [flunitrazepam] [a mixture containing flunitrazepam]
    weighed 4 grams or more.
    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 flunitrazepam, instructions on elements 1 and 2 below
    would be given.
    - 70 -
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] flunitrazepam or a
    mixture containing flunitrazepam.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    - 71 -
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    - 72 -
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the substance, [or]
    b. was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c. had exclusive control of the place where the substance was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Flunitrazepam. (Defendant) has raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    - 73 -
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Flunitrazepam.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Flunitrazepam.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Flunitrazepam, you
    must further determine by your verdict whether the State has proved beyond
    a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(g)1., Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.     the [flunitrazepam] [mixture containing flunitrazepam] weighed
    4 grams or more but less than 14 grams.
    b.     the [flunitrazepam] [mixture containing flunitrazepam] weighed
    14 grams or more but less than 28 grams.
    c.     the [flunitrazepam] [mixture containing flunitrazepam] weighed
    28 grams or more but less than 30 kilograms.
    d.     the [flunitrazepam] [mixture containing flunitrazepam] weighed
    30 kilograms or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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
    - 74 -
    is charged only with Trafficking via Sale, then Possession of a Controlled
    Substance should not be given as a lesser-included offense.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    25.13(c) TRAFFICKING IN [GHB] [GBL] [1,4-BUTANEDIOL]
    § 893.135(1)(h), (1)(i), and (1)(j), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” [Gamma-hydroxybutyric acid (GHB)] [Gamma-butyrolactone
    (GBL)] [1,4-Butanediol] [or any mixture containing [GHB] [GBL] [1,4-
    Butanediol]] is a controlled substance.
    To prove the crime of Trafficking in [GHB] [GBL] [1,4-Butanediol], the
    State must prove the following three elements beyond a reasonable doubt:
    1.     (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [GHB] [GBL] [1,4-Butanediol] [or a mixture
    containing [GHB] [GBL] [1,4-Butanediol]].
    3.     The [GHB] [GBL] [1,4-Butanediol] [mixture containing [GHB]
    [GBL] [1,4-Butanediol]] weighed 1 kilogram or more.
    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 GHB, instructions on
    elements 1 and 2 below would be given.
    - 75 -
    1.     (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.     The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] GHB or a mixture
    containing GHB.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    - 76 -
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    - 77 -
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a.      had direct physical custody of the substance, [or]
    b.     was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in [GHB] [GBL] [1,4-Butanediol]. (Defendant) has
    raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    - 78 -
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    [GHB] [GBL] [1,4-Butanediol].
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in [GHB] [GBL] [1,4-Butanediol].
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in [GHB] [GBL] [1,4-
    Butanediol], you must further determine by your verdict whether the State
    has proved beyond a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(h), (1)(i), and (1)(j), Fla. Stat., to
    verify the weights or amounts specified in the statute, as determined by the date of
    the offense. Give if applicable up to extent of charge.
    a.     the [GHB] [GBL] [1,4-Butanediol] [mixture containing [GHB]
    [GBL] [1,4-Butanediol]] weighed 1 kilogram or more but less than
    5 kilograms.
    b.      the [GHB] [GBL] [1,4-Butanediol] [mixture containing [GHB]
    [GBL] [1,4-Butanediol]] weighed 5 kilograms or more but less
    than 10 kilograms.
    c.     the [GHB] [GBL] [1,4-Butanediol] [mixture containing [GHB]
    [GBL] [1,4-Butanediol]] weighed 10 kilograms or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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
    - 79 -
    is charged only with Trafficking via Sale, then Possession of a Controlled
    Substance should not be given as a lesser-included offense.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    25.13(d) TRAFFICKING IN PHENETHYLAMINES (INCLUDES MDMA)
    § 893.135(1)(k), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” [(Specified substance)] [Analogs, Isomers, or any mixture
    containing (specified substance(s))] is a controlled substance.
    To prove the crime of Trafficking in Phenethylamines, the State must
    prove the following three elements beyond a reasonable doubt:
    1.    (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [(specified substance)] [an analog, isomer, or
    mixture containing (specified substance(s))].
    3.    The [(specified substance)] [analog, isomer, or mixture containing
    (specified substance(s))] weighed 10 grams or more.
    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 MDMA, instructions on elements 1 and 2 below would
    be given.
    - 80 -
    1.    (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.    The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] [possessed] MDMA or a
    mixture containing MDMA.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    - 81 -
    Analog. § 893.02(2), Fla. Stat.
    “Analog” means a structural derivative of a parent compound that is a
    controlled substance.
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    - 82 -
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the substance, [or]
    b. was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c. had exclusive control of the place where the substance was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in Phenethylamines. (Defendant) has raised this defense.
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    - 83 -
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    Phenethylamines.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in Phenethylamines.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in Phenethylamines, you
    must further determine by your verdict whether the State has proved beyond
    a reasonable doubt that:
    Enhanced penalty. See § 893.135(1)(k), Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a.     the [(specified substance)] [analog, isomer, or mixture containing
    (specified substance(s))] weighed 10 grams or more but less than
    200 grams.
    b.     the [(specified substance)] [analog, isomer, or mixture containing
    (specified substance(s))] weighed 200 grams or more but less than
    400 grams.
    c.     the [(specified substance)] [analog, isomer, or mixture containing
    (specified substance(s))] weighed 400 grams or more.
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    - 84 -
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    25.13(e) TRAFFICKING IN LSD
    § 893.135(1)(l), Fla. Stat.
    Certain drugs and chemical substances are by law known as “controlled
    substances.” Lysergic Acid Diethylamide (LSD) or any mixture containing
    LSD is a controlled substance.
    To prove the crime of Trafficking in LSD, the State must prove the
    following three elements beyond a reasonable doubt:
    1.     (Defendant) knowingly [possessed] [sold] [purchased]
    [manufactured] [delivered] [brought into Florida] a certain
    substance.
    2.    The substance was [LSD] [a mixture containing LSD].
    3.     The [LSD] [mixture containing LSD] weighed 1 gram or more.
    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
    - 85 -
    sell heroin but actually sold LSD, instructions on elements 1 and 2 below would be
    given.
    1.    (Defendant) intended to [sell] [purchase] [manufacture] [deliver]
    [bring into Florida] [possess] (an enumerated controlled substance in
    § 893.135(1), Fla. Stat.).
    2.     The defendant actually [sold] [purchased] [manufactured]
    [delivered] [brought into Florida] LSD or a mixture containing
    LSD.
    Definitions. Give as applicable.
    Sell.
    “Sell” means to transfer or deliver something to another person in
    exchange for money or something of value or a promise of money or
    something of value.
    Manufacture. § 893.02(15)(a), Fla. Stat.
    “Manufacture” means the production, preparation, propagation,
    compounding, cultivating, growing, conversion, or processing of a controlled
    substance, either directly or indirectly, by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis, and includes any packaging
    of the substance or labeling or relabeling of its container.
    Give if applicable.
    The term “manufacture” does not include the preparation,
    compounding, packaging, or labeling of a controlled substance by:
    1. A practitioner or pharmacist as an incident to his or her
    administering or delivering of a controlled substance in the course of his or
    her professional practice.
    2. A practitioner, or by his or her authorized agent under the
    practitioner’s supervision, for the purpose of, or as an incident to, research,
    teaching, or chemical analysis, and not for sale.
    Deliver. § 893.02(6), Fla. Stat.
    - 86 -
    “Deliver” or “delivery” means the actual, constructive, or attempted
    transfer from one person to another of a controlled substance, whether or not
    there is an agency relationship.
    Possession.
    There are two types of possession: actual possession and constructive
    possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    substance and:
    a.     The substance is in the hand of or on the person, or
    b.     The substance is in a container in the hand of or on the
    person, or
    c.     The substance is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the substance, the substance is in a place over which the person has control,
    and the person has the ability to control the substance.
    Give if applicable.
    Mere proximity to a substance is not sufficient to establish the power
    and intention to control that substance when the substance is in a place that
    the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of a substance
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the substance was within [his] [her] presence and (2) exercised
    control or ownership over the substance itself.
    Joint possession.
    Possession of a substance may be sole or joint, that is, two or more
    persons may be aware of the presence of the substance and may jointly
    exercise control over it. In that case, each of those persons is considered to be
    in possession of the substance.
    - 87 -
    Give if applicable. § 893.02(19), Fla. Stat.
    “Possession” includes temporary possession for the purpose of
    verification or testing, irrespective of dominion or control.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1st DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4th DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the substance, [or]
    b.    was within ready reach of the substance and the substance was
    under [his] [her] control, [or]
    c.     had exclusive control of the place where the substance was
    located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the power and intention to control it.
    If (defendant) did not have exclusive control over the place where a
    substance was located, you may not infer [he] [she] had knowledge of the
    presence of the substance or the power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4th DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    substance and had the power and intention to control it if [he] [she] had joint
    control over the place where the substance was located, and the substance was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to Trafficking in LSD. (Defendant) has raised this defense.
    - 88 -
    You are permitted to infer that (defendant) was aware of the illicit
    nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    Give if applicable. See McMillon v. State, 
    813 So. 2d 56
    (Fla. 2002).
    You are permitted to infer that a person who sells a controlled
    substance knows of its illicit nature.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty of Trafficking in
    LSD.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of Trafficking in LSD.
    See State v. Weller, 
    590 So. 2d 923
    (Fla. 1991).
    If you find the defendant guilty of Trafficking in LSD, you must further
    determine by your verdict whether the State has proved beyond a reasonable
    doubt that:
    Enhanced penalty. See § 893.135(1)(l)1., Fla. Stat., to verify the weights or
    amounts specified in the statute, as determined by the date of the offense. Give if
    applicable up to extent of charge.
    a. the LSD weighed 1 gram or more but less than 5 grams.
    b. the LSD weighed 5 grams or more but less than 7 grams.
    c. the LSD weighed 7 grams or more.
    - 89 -
    Lesser Included Offenses
    Trafficking can be committed by sale, purchase, manufacture, delivery,
    bringing into this state, or actual or constructive possession of a certain amount of
    drugs. Each of these alternatives has its own statute for lower quantities of
    controlled substances. 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.
    Comments
    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. There is no crime of attempted conspiracy. Hutchinson v. State, 
    315 So. 2d
    546 (Fla. 2d DCA 1975).
    This instruction was adopted in 2016.
    25.14 USE OR POSSESSION WITH INTENT TO USE
    DRUG PARAPHERNALIA
    § 893.147(1), Fla. Stat.
    To prove the crime of Use or Possession With Intent to Use Drug
    Paraphernalia, the State must prove the following two elements beyond a
    reasonable doubt:
    1.     (Defendant) knew of the presence of drug paraphernalia.
    2.     (Defendant) [used the drug paraphernalia] [or] [possessed the
    drug paraphernalia with intent to use it] to:
    [plant] [propagate] [cultivate] [grow] [harvest] [manufacture]
    [compound] [convert] [produce] [process] [prepare] [test]
    [analyze] [pack] repack] [store] contain] [conceal] a controlled
    substance;
    or
    [inject] [ingest] [inhale] [or] [introduce] a controlled substance
    into the human body.
    - 90 -
    Definitions.
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession of drug paraphernalia means the person is aware of
    the presence of the drug paraphernalia and:
    a.      The drug paraphernalia is in the hand of or on the person,
    or
    b.      The drug paraphernalia is in a container in the hand of or
    on the person, or
    c.      The drug paraphernalia is so close as to be within ready
    reach and is under the control of the person.
    Constructive possession.
    Constructive possession of drug paraphernalia means the person is
    aware of the presence of the drug paraphernalia, the drug paraphernalia is in
    a place over which the person has control, and the person has the ability to
    control the drug paraphernalia.
    Give if applicable.
    Mere proximity to drug paraphernalia is not sufficient to establish the
    power and intention to control over that drug paraphernalia when the drug
    paraphernalia is in a place that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of drug
    paraphernalia that was in a place [he] [she] did not control, the State must
    prove (defendant) (1) knew that the drug paraphernalia was within [his] [her]
    presence and (2) exercised control or ownership over the drug paraphernalia
    itself.
    Joint possession.
    Possession of drug paraphernalia may be sole or joint, that is, two or
    more persons may be aware of the presence of the drug paraphernalia and
    may jointly exercise control over it. In that case, each of those persons is
    considered to be in possession of the drug paraphernalia.
    Inferences.
    - 91 -
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the drug paraphernalia, [or]
    b.    was within ready reach of the drug paraphernalia and the drug
    paraphernalia was under [his] [her] control, [or]
    c.    had exclusive control of the place where the drug paraphernalia
    was located,
    you may infer that [he] [she] was aware of the presence of the drug
    paraphernalia and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where drug
    paraphernalia was located, you may not infer [he] [she] had knowledge of the
    presence of the drug paraphernalia or the ability power and intention to
    control it, in the absence of other incriminating evidence.
    Give if applicable. Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA 2008).
    However, you may infer that (defendant) knew of the presence of the
    drug paraphernalia and had the abilitypower and intention to control it if [he]
    [she] had joint control over the place where the drug paraphernalia was
    located, and the drug paraphernalia was located in a common area in plain
    view and in the presence of the defendant.
    Drug Paraphernalia. § 893.145, Fla. Stat.
    The term “drug paraphernalia” means all equipment, products, and
    materials of any kind which are used, intended for use, or designed for use in
    planting, propagating, cultivating, growing, harvesting, manufacturing,
    compounding, converting, producing, processing, preparing, testing,
    analyzing, packaging, repackaging, storing, containing, concealing, injecting,
    ingesting, inhaling, or otherwise introducing into the human body a controlled
    substance in violation of this chapter. It includes, but is not limited to:
    - 92 -
    Give specific definition as applicable.
    1.    Kits used, intended for use, or designed for use in planting,
    propagating, cultivating, growing, or harvesting of any species of
    plant which is a controlled substance or from which a controlled
    substance can be derived.
    2.    Kits used, intended for use, or designed for use in manufacturing,
    compounding, converting, producing, processing, or preparing
    controlled substances.
    3.    Isomerization devices used, intended for use, or designed for use
    in increasing the potency of any species of plant which is a
    controlled substance.
    4.    Testing equipment used, intended for use, or designed for use in
    identifying, or in analyzing the strength, effectiveness, or purity
    of, controlled substances.
    5.    Scales and balances used, intended for use, or designed for use in
    weighing or measuring controlled substances.
    6.    Diluents and adulterants, such as quinine hydrochloride,
    mannitol, mannite, dextrose, and lactose used, intended for use, or
    designed for use in cutting controlled substances.
    7.    Separation gins and sifters used, intended for use, or designed for
    use in removing twigs and seeds from, or in otherwise cleaning or
    refining, cannabis.
    8.    Blenders, bowls, containers, spoons, and mixing devices used,
    intended for use, or designed for use in compounding controlled
    substances.
    9.    Capsules, balloons, envelopes, and other containers used, intended
    for use, or designed for use in packaging small quantities of
    controlled substances.
    10.   Containers and other objects used, intended for use, or designed
    for use in storing or concealing controlled substances.
    11.   Hypodermic syringes, needles, and other objects used, intended
    for use, or designed for use in parenterally injecting controlled
    substances into the human body.
    - 93 -
    12.    Objects used, intended for use, or designed for use in ingesting,
    inhaling, or otherwise introducing cannabis, cocaine, hashish, or
    hashish oil into the human body, such as:
    a.     Metal, wooden, acrylic, glass, stone, plastic, or ceramic
    pipes with or without screens, permanent screens, hashish
    heads, or punctured metal bowls.
    b.     Water pipes.
    c.     Carburetion tubes and devices.
    d.     Smoking and carburetion masks.
    e.     Roach clips: meaning objects used to hold burning material,
    such as a cannabis cigarette, that has become too small or
    too short to be held in the hand.
    f.     Miniature cocaine spoons, and cocaine vials.
    g.     Chamber pipes.
    h.     Carburetor pipes.
    i.     Electric pipes.
    j.     Air-driven pipes.
    k.     Chillums.
    l.     Bongs.
    m.     Ice pipes or chillers.
    Relevant factors. § 893.146, Fla. Stat.
    In addition to all other logically relevant factors, the following factors
    shall be considered in determining whether an object is drug paraphernalia:
    1.    Statements by an owner or by anyone in control of the object
    concerning its use.
    2.    The proximity of the object, in time and space, to a direct
    violation of this act the drug laws.
    3.    The proximity of the object to controlled substances.
    4.    The existence of any residue of controlled substances on the
    object.
    - 94 -
    5.    Direct or circumstantial eEvidence of the intent of an owner, or of
    anyone in control of the object, to deliver it to persons whom [he]
    [she] knows, or should reasonably know, intend to use the object
    to facilitate a violation of this act the drug laws. The innocence of
    an owner, or of anyone in control of the object, as to a direct
    violation of this act the drug laws shall not prevent a finding that
    the object is intended for use, or designed for use, as drug
    paraphernalia.
    6.    Instructions, oral or written, provided with the object concerning
    its use.
    7.    Descriptive materials accompanying the object which explain or
    depict its use.
    8.    Any advertising concerning its use.
    9.    The manner in which the object is displayed for sale.
    10.   Whether the owner, or anyone in control of the object, is a
    legitimate supplier of like or related items to the community, such
    as a licensed distributor or dealer of tobacco products.
    11.   Direct or circumstantial eEvidence of the ratio of sales of the
    object or objects to the total sales of the business enterprise.
    12.   The existence and scope of legitimate uses for the object in the
    community.
    13.   Expert testimony concerning its use.
    Lesser Included Offenses
    POSSESSION OF DRUG PARAPHERNALIA — 893.147(1)
    CATEGORY ONE     CATEGORY TWO     FLA. STAT.     INS. NO.
    None
    Attempt          777.04(1)      5.1
    - 95 -
    Comment
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1992 [
    603 So. 2d 1175
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], and
    2014 [
    153 So. 3d 192
    ], and 2016.
    25.15 DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR
    MANUFACTURE WITH INTENT TO DELIVER DRUG
    PARAPHERNALIA
    § 893.147(2), Fla. Stat.
    To prove the crime of (crime charged), the State must prove the
    following three elements beyond a reasonable doubt:
    1.    (Defendant) [delivered] [possessed with intent to deliver]
    [manufactured with intent to deliver] drug paraphernalia.
    2.    (Defendant) had knowledge of the presence of the drug
    paraphernalia.
    3.    (Defendant) knew or reasonably should have known that the drug
    paraphernalia would be used to plant, propagate, cultivate, grow,
    harvest, manufacture, compound, convert, produce, process,
    prepare, test, analyze, pack, repack, store, contain, conceal, inject,
    ingest, inhale or otherwise introduce a controlled substance into
    the human body.
    Definitions.
    Possession. Give if possession with intent to deliver is charged.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession of drug paraphernalia means the person is aware of
    the presence of the paraphernalia and:
    a.    The drug paraphernalia is in the hand of or on the person,
    or
    b.    The drug paraphernalia is in a container in the hand of or
    on the person, or
    c.    The drug paraphernalia is so close as to be within ready
    reach and is under the control of the person.
    - 96 -
    Constructive possession.
    Constructive possession of drug paraphernalia means the person is
    aware of the presence of the drug paraphernalia, the drug paraphernalia is in
    a place over which the person has control, and the person has the ability to
    control the drug paraphernalia.
    Give if applicable.
    Mere proximity to drug paraphernalia is not sufficient to establish the
    power and intention to control overthat drug paraphernalia when the drug
    paraphernalia is in a place that the person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of drug
    paraphernalia that was in a place [he] [she] did not control, the State must
    prove (defendant) (1) knew that the drug paraphernalia was within [his] [her]
    presence and (2) exercised control or ownership over the drug paraphernalia
    itself.
    Joint possession.
    Possession of drug paraphernalia may be sole or joint, that is, two or
    more persons may be aware of the presence of the drug paraphernalia and
    may jointly exercise control over it. In that case, each of those persons is
    considered to be in possession of the drug paraphernalia.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of drug paraphernalia, [or]
    b.    was within ready reach of drug paraphernalia and the drug
    paraphernalia was under [his] [her] control, [or]
    c.    had exclusive control of the place where drug paraphernalia was
    located,
    you may infer that [he] [she] was aware of the presence of the drug
    paraphernalia and had the abilitypower and intention to control it.
    - 97 -
    If (defendant) did not have exclusive control over the place where the
    drug paraphernalia was located, you may not infer [he] [[she] had knowledge
    of the presence of the drug paraphernalia or the ability power and intention to
    control it, in the absence of other incriminating evidence.
    Give if applicable. See Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA
    2008).
    However, you may infer that (defendant) knew of the presence of the
    drug paraphernalia and had the ability power and intention to control it if
    [he] [she] had joint control over the place where the drug paraphernalia was
    located, and the drug paraphernalia was located in a common area in plain
    view and in the presence of the defendant.
    Drug Paraphernalia. § 893.145, Fla. Stat.
    The term “drug paraphernalia” means all equipment, products, and
    materials of any kind which are used, intended for use, or designed for use in
    planting, propagating, cultivating, growing, harvesting, manufacturing,
    compounding, converting, producing, processing, preparing, testing,
    analyzing, packaging, repackaging, storing, containing, concealing, injecting,
    ingesting, inhaling, or otherwise introducing into the human body a controlled
    substance in violation of this chapter. It includes, but is not limited to:
    Give specific definition as applicable.
    1.    Kits used, intended for use, or designed for use in planting,
    propagating, cultivating, growing, or harvesting of any species of
    plant which is a controlled substance or from which a controlled
    substance can be derived.
    2.    Kits used, intended for use, or designed for use in manufacturing,
    compounding, converting, producing, processing, or preparing
    controlled substances.
    3.    Isomerization devices used, intended for use, or designed for use
    in increasing the potency of any species of plant which is a
    controlled substance.
    4.    Testing equipment used, intended for use, or designed for use in
    identifying, or in analyzing the strength, effectiveness, or purity
    of, controlled substances.
    5.    Scales and balances used, intended for use, or designed for use in
    weighing or measuring controlled substances.
    - 98 -
    6.    Diluents and adulterants, such as quinine hydrochloride,
    mannitol, mannite, dextrose, and lactose used, intended for use, or
    designed for use in cutting controlled substances.
    7.    Separation gins and sifters used, intended for use, or designed for
    use in removing twigs and seeds from, or in otherwise cleaning or
    refining, cannabis.
    8.    Blenders, bowls, containers, spoons, and mixing devices used,
    intended for use, or designed for use in compounding controlled
    substances.
    9.    Capsules, balloons, envelopes, and other containers used, intended
    for use, or designed for use in packaging small quantities of
    controlled substances.
    10.   Containers and other objects used, intended for use, or designed
    for use in storing or concealing controlled substances.
    11.   Hypodermic syringes, needles, and other objects used, intended
    for use, or designed for use in parenterally injecting controlled
    substances into the human body.
    12.   Objects used, intended for use, or designed for use in ingesting,
    inhaling, or otherwise introducing cannabis, cocaine, hashish, or
    hashish oil into the human body, such as:
    a.    Metal, wooden, acrylic, glass, stone, plastic, or ceramic
    pipes with or without screens, permanent screens, hashish
    heads, or punctured metal bowls.
    b.    Water pipes.
    c.    Carburetion tubes and devices.
    d.    Smoking and carburetion masks.
    e.    Roach clips: meaning objects used to hold burning material,
    such as a cannabis cigarette, that has become too small or
    too short to be held in the hand.
    f.    Miniature cocaine spoons, and cocaine vials.
    g.    Chamber pipes.
    h.    Carburetor pipes.
    - 99 -
    i.     Electric pipes.
    j.     Air-driven pipes.
    k.     Chillums.
    l.     Bongs.
    m.     Ice pipes or chillers.
    Relevant factors. § 893.146, Fla. Stat.
    In addition to all other logically relevant factors, the following factors
    shall be considered in determining whether an object is drug paraphernalia:
    1.     Statements by an owner or by anyone in control of the object
    concerning its use.
    2.    The proximity of the object, in time and space, to a direct
    violation of this act the drug laws.
    3.    The proximity of the object to controlled substances.
    4.    The existence of any residue of controlled substances on the
    object.
    5.    Direct or circumstantial eEvidence of the intent of an owner, or of
    anyone in control of the object, to deliver it to persons whom [he]
    [she] knows, or should reasonably know, intend to use the object
    to facilitate a violation of this act the drug laws. The innocence of
    an owner, or of anyone in control of the object, as to a direct
    violation of this act the drug laws shall not prevent a finding that
    the object is intended for use, or designed for use, as drug
    paraphernalia.
    6.    Instructions, oral or written, provided with the object concerning
    its use.
    7.    Descriptive materials accompanying the object which explain or
    depict its use.
    8.    Any advertising concerning its use.
    9.    The manner in which the object is displayed for sale.
    - 100 -
    10.   Whether the owner, or anyone in control of the object, is a
    legitimate supplier of like or related items to the community, such
    as a licensed distributor or dealer of tobacco products.
    11.   Direct or circumstantial eEvidence of the ratio of sales of the
    object or objects to the total sales of the business enterprise.
    12.   The existence and scope of legitimate uses for the object in the
    community.
    13.   Expert testimony concerning its use.
    Lesser Included Offenses
    DELIVERY, POSSESSION WITH INTENT TO DELIVER, OR
    MANUFACTURE WITH INTENT TO DELIVER DRUG
    PARAPHERNALIA — 893.147(2)
    CATEGORY ONE              CATEGORY TWO      FLA. STAT. INS. NO.
    Possession of Drug                          893.147(1) 25.14
    Paraphernalia, if
    Possession of Drug
    Paraphernalia with Intent
    is charged
    Attempt           777.04(1)  5.1
    Comment
    This instruction was adopted in 1981 and amended in 1989 [
    543 So. 2d 1205
    ], 1997 [
    697 So. 2d 84
    ], 2007 [
    969 So. 2d 245
    ], and 2014 [
    153 So. 3d 192
    ],
    and 2016.
    25.16 DELIVERY OF DRUG PARAPHERNALIA TO A MINOR
    § 893.147(3)(a), Fla. Stat.
    To prove the crime of Delivery of Drug Paraphernalia to a Minor, the
    State must prove the following three elements beyond a reasonable doubt:
    1.    (Defendant) delivered drug paraphernalia to (person alleged).
    2.    (Defendant) knew or reasonably should have known that the drug
    paraphernalia would be used to plant, propagate, cultivate, grow,
    harvest, manufacture, compound, convert, produce, process,
    - 101 -
    prepare, test, analyze, pack, repack, store, contain, conceal, inject,
    ingest, inhale or otherwise introduce a controlled substance into
    the human body.
    3.    When the delivery was made, (defendant) was 18 years old or over
    and (person alleged) was under 18 years old.
    Definitions.
    Drug Paraphernalia. § 893.145, Fla. Stat.
    The term “drug paraphernalia” means all equipment, products, and
    materials of any kind which are used, intended for use, or designed for use in
    planting, propagating, cultivating, growing, harvesting, manufacturing,
    compounding, converting, producing, processing, preparing, testing,
    analyzing, packaging, repackaging, storing, containing, concealing, injecting,
    ingesting, inhaling, or otherwise introducing into the human body a controlled
    substance in violation of this chapter. It includes, but is not limited to:
    1.    Kits used, intended for use, or designed for use in planting,
    propagating, cultivating, growing, or harvesting of any species of
    plant which is a controlled substance or from which a controlled
    substance can be derived.
    2.    Kits used, intended for use, or designed for use in manufacturing,
    compounding, converting, producing, processing, or preparing
    controlled substances.
    3.    Isomerization devices used, intended for use, or designed for use
    in increasing the potency of any species of plant which is a
    controlled substance.
    4.    Testing equipment used, intended for use, or designed for use in
    identifying, or in analyzing the strength, effectiveness, or purity
    of, controlled substances.
    5.    Scales and balances used, intended for use, or designed for use in
    weighing or measuring controlled substances.
    6.    Diluents and adulterants, such as quinine hydrochloride,
    mannitol, mannite, dextrose, and lactose used, intended for use, or
    designed for use in cutting controlled substances.
    7.    Separation gins and sifters used, intended for use, or designed for
    use in removing twigs and seeds from, or in otherwise cleaning or
    refining, cannabis.
    - 102 -
    8.    Blenders, bowls, containers, spoons, and mixing devices used,
    intended for use, or designed for use in compounding controlled
    substances.
    9.    Capsules, balloons, envelopes, and other containers used, intended
    for use, or designed for use in packaging small quantities of
    controlled substances.
    10.   Containers and other objects used, intended for use, or designed
    for use in storing or concealing controlled substances.
    11.   Hypodermic syringes, needles, and other objects used, intended
    for use, or designed for use in parenterally injecting controlled
    substances into the human body.
    12.   Objects used, intended for use, or designed for use in ingesting,
    inhaling, or otherwise introducing cannabis, cocaine, hashish, or
    hashish oil into the human body, such as:
    a.    Metal, wooden, acrylic, glass, stone, plastic, or ceramic
    pipes with or without screens, permanent screens, hashish
    heads, or punctured metal bowls.
    b.    Water pipes.
    c.    Carburetion tubes and devices.
    d.    Smoking and carburetion masks.
    e.    Roach clips: meaning objects used to hold burning material,
    such as a cannabis cigarette, that has become too small or
    too short to be held in the hand.
    f.    Miniature cocaine spoons, and cocaine vials.
    g.    Chamber pipes.
    h.    Carburetor pipes.
    i.    Electric pipes.
    j.    Air-driven pipes.
    k.    Chillums.
    l.    Bongs.
    m.    Ice pipes or chillers.
    - 103 -
    Relevant factors. § 893.146, Fla. Stat.
    In addition to all other logically relevant factors, the following factors
    shall be considered in determining whether an object is drug paraphernalia:
    1.    Statements by an owner or by anyone in control of the object
    concerning its use.
    2.    The proximity of the object, in time and space, to a direct
    violation of this act the drug laws.
    3.    The proximity of the object to controlled substances.
    4.    The existence of any residue of controlled substances on the
    object.
    5.    Direct or circumstantial eEvidence of the intent of an owner, or of
    anyone in control of the object, to deliver it to persons whom he
    knows, or should reasonably know, intend to use the object to
    facilitate a violation of this act the drug laws. The innocence of an
    owner, or of anyone in control of the object, as to a direct
    violation of this act the drug laws shall not prevent a finding that
    the object is intended for use, or designed for use, as drug
    paraphernalia.
    6.    Instructions, oral or written, provided with the object concerning
    its use.
    7.    Descriptive materials accompanying the object which explain or
    depict its use.
    8.    Any advertising concerning its use.
    9.    The manner in which the object is displayed for sale.
    10.   Whether the owner, or anyone in control of the object, is a
    legitimate supplier of like or related items to the community, such
    as a licensed distributor or dealer of tobacco products.
    11.   Direct or circumstantial eEvidence of the ratio of sales of the
    object or objects to the total sales of the business enterprise.
    12.   The existence and scope of legitimate uses for the object in the
    community.
    13.   Expert testimony concerning its use.
    - 104 -
    Lesser Included Offenses
    No lesser included offenses have been identified for this offense.
    Comment
    This instruction was adopted in 1981 and amended in 2007 [
    969 So. 2d 245
    ]
    and 2014 [
    153 So. 3d 192
    ] and 2016.
    25.17 CONTRABAND IN COUNTY DETENTION FACILITY
    § 951.22, Fla. Stat.
    To prove the crime of Contraband in a County Detention Facility, the
    State must prove the following three elements beyond a reasonable doubt:
    1.     (Defendant) had knowledge of the presence of an item.
    2.     (Defendant)
    Give as applicable.
    a. introduced the item into a county detention facility.
    b. possessed the item upon the grounds of a county detention facility.
    c. gave the item to an inmate of a county detention facility.
    d. received the item from an inmate of a county detention facility.
    e. took the item from a county detention facility.
    f. attempted to [take] [send] the item from a county detention
    facility.
    3.    The item was:
    Give as applicable.
    a. a written communication to give to or receive from an
    inmate.
    b. a recorded communication to give to or receive from an
    inmate.
    - 105 -
    c. currency or coin to give to or receive from an inmate.
    d. an article of [food] [clothing] to give to or receive from an
    inmate.
    e. a tobacco product.
    f. a cigarette.
    g. a cigar.
    h. a beverage that causes or may cause an intoxicating
    effect.
    i. a narcotic, hypnotic, or excitative drug or drug of any
    kind or nature.
    j. a controlled substance.
    k. a firearm.
    l. any instrumentality customarily used or which is intended
    to be used as a dangerous weapon.
    m. any instrumentality of any nature that may be or is
    intended to be used as an aid in effecting or attempting to effect an
    escape from a county facility.
    Definitions.
    Give in all cases. § 951.23(1)(a), Fla. Stat.
    “County detention facility” means a county jail, a county stockade, a
    county work camp, a county residential probation center, and any other place
    except a municipal detention facility used by a county or county officer for the
    detention of persons charged with or convicted of either felony or
    misdemeanor.
    § 951.23(1)(b), Fla. Stat.
    “County residential probation center” means a county-operated facility
    housing offenders serving misdemeanor sentences or first-time felony
    sentences.
    § 951.23(1)(d), Fla. Stat.
    - 106 -
    “Municipal detention facility” means a city jail, a city stockade, a city
    prison camp, and any other place except a county detention facility used by a
    municipality or municipal officer for the detention of persons charged with or
    convicted of violation of municipal laws or ordinances.
    Give as applicable.
    To “introduce” means to put inside or into.
    Give when the evidence involves an inmate who is not in the facility.
    It is unlawful to [give] [receive] a contraband item [to] [from] an inmate
    of a county detention facility even if the inmate was outside the facility at the
    time the contraband item was [given] [received].
    Give if clothing is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Clothing” means things worn to cover the body and limbs.
    Give if currency is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Currency” means money or another commodity which is in circulation
    as a medium of exchange.
    Give if weapon is alleged. State v. Fleming, 
    606 So. 2d 1229
    (Fla. 1stst DCA
    1992).
    A “weapon” is an instrument that is designed and constructed for use as
    a weapon, or, if the instrument is capable of being used as a weapon, the
    defendant used, threatened to use, or intended to use the instrument as a
    weapon.
    Give if tobacco product is alleged. § 210.25(11), Fla. Stat.
    “Tobacco products” means loose tobacco suitable for smoking; snuff;
    snuff flour; cavendish; plug and twist tobacco; fine cuts and other chewing
    tobaccos; shorts; refuse scraps; clippings, cuttings, and sweepings of tobacco,
    and other kinds and forms of tobacco prepared in such manner as to be
    suitable for chewing; but “tobacco products” does not include cigarettes or
    cigars.
    Give if cigarette is alleged. § 210.01(1), Fla. Stat.
    “Cigarette” means any roll for smoking, except one of which the
    tobacco is fully naturally fermented, without regard to the kind of tobacco or
    other substances used in the inner roll or the nature or composition of the
    - 107 -
    material in which the roll is wrapped, which is made wholly or in part of
    tobacco irrespective of size or shape and whether such tobacco is flavored,
    adulterated or mixed with any other ingredient.
    Give if a drug or controlled substance is alleged.
    A “drug of any kind” includes [nasal inhalators] [sleeping pills]
    [barbiturates] [a controlled substance]. (Name of drug or controlled substance)
    is a [drug] [controlled substance].
    Give if firearm is alleged. § 790.001(6), Fla. Stat.
    “Firearm” means any weapon (including a starter gun) which will, is
    designed to, or may readily be converted to expel a projectile by the action of
    an explosive [; the frame or receiver of any such weapon] [any firearm
    muffler or firearm silencer] [any destructive device] [any machine gun].
    Give if possession is alleged.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    object and
    a. the object is in the hand of or on the person, or
    b. the object is in a container in the hand of or on the person,
    or
    c. the object is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the object, the object is in a place over which the person has control, and the
    person has the ability to control the object.
    Give if applicable.
    Mere proximity to an object is not sufficient to establish the power and
    intention to control over that object when the object is in a place that the
    person does not control.
    Give if applicable.
    - 108 -
    In order to establish (defendant’s) constructive possession of an object
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the object was within [his] [her] presence and (2) exercised
    control or ownership over the object itself.
    Joint possession.
    Possession of an object may be sole or joint, that is, two or more persons
    may be aware of the presence of an object and may jointly exercise control
    over it. In that case, each of those persons is considered to be in possession of
    that object.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA
    2012); Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the object, [or]
    b.    was within ready reach of the object and the object was under
    [his] [her] control, [or]
    c.    had exclusive control of the place where the object was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the abilitypower and intention to control it.
    If (defendant) did not have exclusive control over the place where an
    object was located, you may not infer [he] [[she] had knowledge of the
    presence of the object or the ability power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA 2008).
    However, you may infer that (defendant) knew of the presence of the
    object and had the ability power and intention to control it if [he] [she] had
    joint control over the place where the object was located, and the object was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat. Give if applicable.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to possession of a controlled substance. Accordingly, the defendant is
    - 109 -
    not guilty of possessing a controlled substance if [he] [she] did not know of the
    illicit nature of the substance.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised management, control, or ownership
    over the substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of possession of a controlled substance.
    Affirmative defense of permission. Give if the defendant has satisfied his or
    her burden of production. See Wright v. State, 
    442 So. 2d 1058
    (Fla. 1 stst DCA
    1983).
    It is a defense to the crime of Contraband in a County Detention
    Facility if the defendant used regular channels and was authorized by the
    sheriff or officer in charge of the detention facility to [introduce] [possess]
    [give] [receive] [take] [attempt to take or send] the contraband item [into]
    [from] the facility. The defendant has raised this defense.
    If you have a reasonable doubt as to whether the defendant used regular
    channels and had authorization from the sheriff or officer in charge of the
    detention facility, you should find [him] [her] not guilty.
    If the State proved beyond a reasonable doubt that the defendant did
    not use regular channels or did not have authorization from the sheriff or
    officer in charge of the detention facility, you should find [him] [her] guilty, if
    all the elements of the charge have also been proven beyond a reasonable
    doubt.
    - 110 -
    Lesser Included Offenses
    CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22
    CATEGORY ONE         CATEGORY TWO         FLA. STAT. INS. NO.
    Possession of a                           893.13(6)  25.7
    Controlled Substance
    if a controlled
    substance is the
    contraband alleged
    Carrying a Concealed 790.01(2)  10.1
    Firearm
    Carrying a Concealed 790.01(1)  10.1
    Weapon
    Attempt              777.04(1)  5.1
    Comment
    This instruction was adopted in 1987 and amended in 1989 [
    543 So. 2d 1205
    ] and 2014 [
    153 So. 3d 192
    ] and 2016.
    25.18 CONTRABAND IN JUVENILE [DETENTION FACILITY]
    [COMMITMENT PROGRAM]
    § 985.711, Fla. Stat.
    To prove the crime of Contraband in Juvenile [Detention
    Facility][Commitment Program], the State must prove the following three
    elements beyond a reasonable doubt:
    1.      (Defendant) had knowledge of the presence of an item.
    2.      (Defendant)
    Give as applicable.
    a. possessed an item while upon the grounds of a juvenile [detention
    facility] [commitment program].
    b. introduced the item into or upon the grounds of a juvenile
    [detention facility] [commitment program].
    - 111 -
    c. [took] [attempted to take] [sent] [attempted to send] an item from
    a juvenile [detention facility] [commitment program].
    d. [transmitted] [attempted to transmit] an item to a juvenile
    offender into or upon the grounds of a juvenile [detention facility]
    [commitment program].
    e. [caused] [attempted to cause] an item to be [transmitted to]
    [received by] a juvenile offender upon the grounds of a juvenile
    [detention facility] [commitment program].
    3.      The item was:
    Give as applicable.
    a. an unauthorized article of [food] [clothing].
    b. a beverage that causes or may cause an intoxicating effect.
    c. a controlled substance. (Name of controlled substance alleged) is a
    controlled substance.
    d. a prescription or nonprescription drug that has a hypnotic,
    stimulating, or depressing effect.
    e. a firearm.
    f. a weapon of any kind.
    g. an explosive substance.
    Definitions. Give as applicable.
    § 985.03(19), Fla. Stat.
    A “juvenile detention facility” is a facility used pending court
    adjudication or disposition or execution of a court order for the temporary
    care of a child alleged or found to have committed a violation of law.
    A “juvenile commitment program” is a facility used for the
    commitment of adjudicated delinquents.
    “Introduce” means to put inside or into.
    - 112 -
    Give if clothing is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Clothing” means things worn to cover the body and limbs.
    Give if weapon is alleged. State v. Fleming, 
    606 So. 2d 1229
    (Fla. 1stst DCA
    1992).
    A “weapon” is an instrument that is designed and constructed for use as
    a weapon, or, if the instrument is capable of being used as a weapon, the
    defendant used, threatened to use, or intended to use the instrument as a
    weapon.
    Give if firearm is alleged. § 790.001(6), Fla. Stat.
    “Firearm” means any weapon (including a starter gun) which will, is
    designed to, or may readily be converted to expel a projectile by the action of
    an explosive [; the frame or receiver of any such weapon] [any firearm
    muffler or firearm silencer] [any destructive device] [any machine gun].
    Give if possession is alleged.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    object and
    a. the object is in the hand of or on the person, or
    b. the object is in a container in the hand of or on the person,
    or
    c. the object is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the object, the object is in a place over which the person has control, and the
    person has the ability to control the object.
    Give if applicable.
    Mere proximity to an object is not sufficient to establish the power and
    intention to control over that object when the object is in a place that the
    person does not control.
    - 113 -
    Give if applicable.
    In order to establish (defendant’s) constructive possession of an object
    that was in a place [he] [she] did not control, the State must prove (defendant)
    (1) knew that the object was within [his] [her] presence and (2) exercised
    management, control, or ownership over the object itself.
    Joint possession.
    Possession of an object may be sole or joint, that is, two or more persons
    may be aware of the presence of an object and may jointly exercise control
    over it. In that case, each of those persons is considered to be in possession of
    that object.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA
    2012); Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a. had direct physical custody of the object, [or]
    b. was within ready reach of the object and the object was under [his]
    [her] control,
    [or]
    c. had exclusive control of the place where the object was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where an
    object was located, you may not infer [he] [[she] had knowledge of the
    presence of the object or the ability power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA 2008).
    However, you may infer that (defendant) knew of the presence of the
    object and had the ability power and intention to control it if [he] [she] had
    joint control over the place where the object was located, and the object was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat. Give if applicable.
    - 114 -
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to possession of a controlled substance. Accordingly, the defendant is
    not guilty of possessing a controlled substance if [he] [she] did not know of the
    illicit nature of the substance.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of possession of a controlled substance.
    Affirmative defense of permission. Give if the defendant has satisfied his or
    her burden of production. See Wright v. State, 
    442 So. 2d 1058
    (Fla. 1 stst DCA
    1983).
    It is a defense to the crime of Contraband in Juvenile [Detention
    Facility] [Commitment Program] if the defendant was authorized through
    program policy or operating procedure or had the permission of the facility
    superintendent, program director, or manager of the [detention facility]
    [commitment program] to [possess] [introduce] [take] [attempt to take] [send]
    [attempt to send] [transmit] [attempt to transmit] [cause to transmit] [attempt
    to cause to transmit] the contraband item [into] [from] the facility. The
    defendant has raised this defense.
    If you have a reasonable doubt as to whether the defendant was
    authorized through program policy or operating procedure or had the
    permission of the facility superintendent, program director, or manager of the
    [detention facility] [commitment program], you should find [him] [her] not
    guilty of Contraband in a Juvenile [Detention Facility] [Commitment
    Program].
    If the State proved beyond a reasonable doubt that the defendant did
    not have authorization through program policy or operating procedure or did
    not have the permission of the facility superintendent, program director, or
    manager of the [detention facility] [commitment program], you should find
    - 115 -
    [him] [her] guilty, if all the elements of the charge have also been proven
    beyond a reasonable doubt.
    Lesser Included Offenses
    CONTRABAND IN JUVENILE FACILITY — 985.4046
    CATEGORY ONE   CATEGORY TWO          FLA. STAT. INS. NO.
    None
    Attempt (although     777.04(1)  5.1
    some attempts are
    included as elements)
    Comment
    This instruction was adopted in March 2000 and amended in 2014 [
    153 So. 3d
    192] and 2016.
    25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF]
    A STATE CORRECTIONAL INSTITUTION
    § 944.47(1)(c) Fla. Stat.
    To prove the crime of Possession of Contraband [In] [Upon the
    Grounds of] a State Correctional Facility, the State must prove the following
    two elements beyond a reasonable doubt:
    1. (Defendant) possessed
    Give as applicable.
    a. [written or recorded communication] [currency or coin] [an
    article of [food][clothing]] that was [given or transmitted]
    [intended to be given or transmitted] to an inmate of a state
    correctional institution.
    b. [an intoxicating beverage] [a beverage which causes or may cause
    an intoxicating effect.]
    c. a controlled substance. (Name of controlled substance) is a
    controlled substance.
    - 116 -
    d. any prescription or non-prescription drug having a hypnotic,
    stimulating, or depressing effect.
    e. [a firearm] [a weapon of any kind] [an explosive substance].
    f. any [cellular telephone] [portable communication device]
    intentionally and unlawfully introduced inside the secure perimeter
    of the state correctional institution.
    2. At the time, (defendant) was [an inmate] [upon the grounds] of a state
    correctional facility.
    Give in all cases. § 944.02(8), Fla. Stat.
    “State correctional facility” means any prison, road camp, prison
    industry, prison forestry camp, or any prison camp or prison farm or other
    correctional facility, temporary or permanent, in which prisoners are housed,
    worked, or maintained, under the custody and jurisdiction of the Department
    of Corrections.
    Give if clothing is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Clothing” means things worn to cover the body and limbs.
    Give if currency is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Currency” means money or another commodity which is in circulation
    as a medium of exchange.
    Give if weapon is alleged. State v. Fleming, 
    606 So. 2d 1229
    (Fla. 1stst DCA
    1992).
    A “weapon” is an instrument that is designed and constructed for use as
    a weapon, or, if the instrument is capable of being used as a weapon, the
    defendant used, threatened to use, or intended to use the instrument as a
    weapon.
    Give if firearm is alleged. § 790.001(6), Fla. Stat.
    “Firearm” means any weapon (including a starter gun) which will, is
    designed to, or may readily be converted to expel a projectile by the action of
    an explosive [; the frame or receiver of any such weapon] [any firearm
    muffler or firearm silencer] [any destructive device] [any machine gun].
    - 117 -
    Give if portable communication device is alleged. § 944.47(1)(a)6, Fla. Stat.
    The term “portable communication device” means any device carried,
    worn, or stored which is designed or intended to receive or transmit verbal or
    written messages, access or store data, or connect electronically to the Internet
    or any other electronic device and which allows communications in any form.
    Such devices include, but are not limited to, portable two-way pagers, hand-
    held radios, cellular telephones, Blackberry-type devices, personal digital
    assistants or PDA’s, laptop computers, or any components of these devices
    which are intended to be used to assemble such devices. The term also
    includes any new technology that is developed for similar purposes. [Excluded
    from this definition is any device having communication capabilities which
    has been approved or issued by the department for investigative or
    institutional security purposes or for conducting other state business.]
    Possession.
    There are two ways to exercise control types of possession: actual
    possession and constructive possession.
    Actual possession.
    Actual possession means the person is aware of the presence of the
    object and
    a. the object is in the hand of or on the person, or
    b. the object is in a container in the hand of or on the person,
    or
    c. the object is so close as to be within ready reach and is
    under the control of the person.
    Constructive possession.
    Constructive possession means the person is aware of the presence of
    the object, the object is in a place over which the person has control, and the
    person has the ability to control the object.
    Give if applicable.
    Mere proximity to an object is not sufficient to establish the power and
    intention to control over that object when the object is in a place that the
    person does not control.
    Give if applicable.
    In order to establish (defendant’s) constructive possession of an object
    that was in a place [he] [she] did not control, the State must prove (defendant)
    - 118 -
    (1) knew that the object was within [his] [her] presence and (2) exercised
    control or ownership over the object itself.
    Joint possession.
    Possession of an object may be sole or joint, that is, two or more persons
    may be aware of the presence of an object and may jointly exercise control
    over it. In that case, each of those persons is considered to be in possession of
    that object.
    Inferences.
    Exclusive control. Henderson v. State, 
    88 So. 3d 1060
    (Fla. 1stst DCA 2012);
    Meme v. State, 
    72 So. 3d 254
    (Fla. 4thth DCA 2011).
    If you find that (defendant):
    a.    had direct physical custody of the object, [or]
    b.    was within ready reach of the object and the object was under
    [his] [her] control, [or]
    c.    had exclusive control of the place where the object was located,
    you may infer that [he] [she] was aware of the presence of the substance
    and had the ability power and intention to control it.
    If (defendant) did not have exclusive control over the place where an
    object was located, you may not infer [he] [[she] had knowledge of the
    presence of the object or the ability power and intention to control it, in the
    absence of other incriminating evidence.
    Give if applicable. Duncan v. State, 
    986 So. 2d 653
    (Fla. 4thth DCA 2008).
    However, you may infer that (defendant) knew of the presence of the
    object and had the ability power and intention to control it if [he] [she] had
    joint control over the place where the object was located, and the object was
    located in a common area in plain view and in the presence of the defendant.
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or 2)
    knew of the presence of the substance, but did not know of its illicit nature .
    § 893.101(2) and (3), Fla. Stat. Give if applicable.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to the crime of Possession of a Controlled Substance. Accordingly, the
    defendant is not guilty of possessing a controlled substance if [he] [she] did not
    know of the illicit nature of the substance.
    - 119 -
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proved, you should find [him] [her] guilty.
    If you have a reasonable doubt on the question of whether (defendant)
    knew of the illicit nature of the controlled substance, you should find [him]
    [her] not guilty of possession of a controlled substance.
    Affirmative defense: Authorization. Give if the defendant has satisfied his or
    her burden of production. See Wright v. State, 
    442 So. 2d 1058
    (Fla. 1 stst DCA
    1983).
    It is a defense to the crime of Possession of Contraband [In] [Upon the
    Grounds of] a State Correctional Facility if the defendant was authorized by
    the officer in charge of the correctional institution to possess the item [in]
    [upon the grounds of] a state correctional institution. The defendant has
    raised this defense.
    If you have a reasonable doubt as to whether the defendant had
    authorization from the officer in charge of the correctional institution, you
    should find [him] [her] not guilty.
    If the State proved beyond a reasonable doubt that the defendant did
    not have authorization from the officer in charge of the correctional
    institution, you should find [him] [her] guilty, if all the elements of the charge
    have also been proven beyond a reasonable doubt.
    - 120 -
    Lesser Included Offenses
    POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF]
    A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c)
    CATEGORY ONE          CATEGORY TWO            FLA. STAT. INS. NO.
    Possession of a                               893.13     25.7
    Controlled Substance,
    if a controlled
    substance is the
    contraband alleged
    Possession of a         790.23     10.15
    Firearm or a
    Concealed Weapon By
    a Convicted Felon, if a
    firearm or concealed
    weapon is the
    contraband alleged and
    the possessor is an
    inmate.
    Carrying a Concealed 790.01(2)     10.1
    Firearm
    Carrying a Concealed 790.01(1)     10.1
    Weapon
    Attempt                 777.04(1)  5.1
    Comment
    This instruction was adopted in 2014 [
    153 So. 3d 192
    ] and amended in 2016.
    25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO]
    [FROM] A STATE CORRECTIONAL INSTITUTION
    § 944.47(1)(a), Fla. Stat.
    To prove the crime of [Introduction] [Removal] of Contraband [into]
    [from] a State Correctional Institution, the State must prove the following
    [three] [four] elements beyond a reasonable doubt:
    - 121 -
    1.    (Defendant) [introduced into or upon the grounds of] [took]
    [attempted to [take] [send]] an item [into] [from] a state
    correctional institution.
    2.    (Defendant) had knowledge of the presence of the item.
    3.    The item was:
    Give as applicable.
    a.    a [written] [recorded] communication.
    b.     [currency] [or] [coin].
    c.     an article of [food] [clothing].
    d.    an intoxicating beverage or a beverage which causes or
    may cause an intoxicating effect.
    e.     a controlled substance. (Name of controlled substance) is a
    controlled substance.
    f.    any prescription or nonprescription drug having a
    hypnotic, stimulating, or depressing effect.
    g.    [a firearm] [a weapon of any kind] [an explosive substance].
    h.     any [cellular telephone] [or] [portable communication
    device] intentionally and unlawfully introduced inside the
    secure perimeter of a state correctional institution].
    Give element #4 if element #3a, 3b, or 3c is given.
    4.   (Defendant) [gave or transmitted] [or] [intended to give or
    transmit] the [written communication] [recorded communication]
    [currency] [coin] [article of food] [article of clothing] to an inmate
    of the state correctional institution.
    Give in all cases. State Correctional Facility. § 944.02(8), Fla. Stat.
    “State correctional facility” means any prison, road camp, prison
    industry, prison forestry camp, or any prison camp or prison farm or other
    correctional facility, temporary or permanent, in which prisoners are housed,
    - 122 -
    worked, or maintained, under the custody and jurisdiction of the Department
    of Corrections.
    Give if firearm is alleged. § 790.001(6), Fla. Stat.
    “Firearm” means any weapon (including a starter gun) which will, is
    designed to, or may readily be converted to expel a projectile by the action of
    an explosive [; the frame or receiver of any such weapon] [any firearm
    muffler or firearm silencer] [any destructive device] [any machine gun].
    Give if clothing is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Clothing” means things worn to cover the body and limbs.
    Give if currency is alleged. State v. Becton, 
    665 So. 2d 358
    (Fla. 5thth DCA
    1995).
    “Currency” means money or another commodity which is in circulation
    as a medium of exchange.
    Give if weapon is alleged. State v. Fleming, 
    606 So. 2d 1229
    (Fla. 1stst DCA
    1992).
    A “weapon” is an instrument that is designed and constructed for use as
    a weapon, or, if the instrument is capable of being used as a weapon, the
    defendant used, threatened to use, or intended to use the instrument as a
    weapon.
    Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla.
    Stat.
    “Portable communication device” means any device carried, worn, or
    stored which is designed or intended to receive or transmit verbal or written
    messages, access or store data, or connect electronically to the Internet or any
    other electronic device and which allows communications in any form. Such
    devices include, but are not limited to, portable two-way pagers, hand-held
    radios, cellular telephones, Blackberry-type devices, personal digital assistants
    or PDA’s, laptop computers, or any components of these devices which are
    intended to be used to assemble such devices. The term also includes any new
    technology that is developed for similar purposes. [Excluded from this
    definition is any device having communication capabilities which has been
    approved or issued by the department for investigative or institutional
    security purposes or for conducting other state business.]
    Affirmative defense: Lack of knowledge of illicit nature. Give if there is
    evidence that the defendant 1) did not know of the presence of the substance or
    - 123 -
    2) knew of the presence of the substance, but did not know of its illicit nature.
    § 893.101(2) and (3), Fla. Stat. Give if applicable.
    Lack of knowledge of the illicit nature of a controlled substance is a
    defense to this charge. Accordingly, the defendant is not guilty of this charge if
    [he] [she] did not know of the illicit nature of the controlled substance.
    You are permitted to presume infer that (defendant) was aware of the
    illicit nature of the controlled substance if you find that [he] [she] knew of the
    presence of the substance and exercised control or ownership over the
    substance.
    If you are convinced beyond a reasonable doubt that (defendant) knew
    of the illicit nature of the controlled substance, and all of the elements of the
    charge have been proven, you should find [him] [her] guilty.
    If you have a reasonable doubt as to whether (defendant) knew of the
    illicit nature of the controlled substance, you should find [him] [her] not
    guilty.
    Affirmative defense: Authorization. Give if the defendant has satisfied his or
    her burden of production. See Wright v. State, 
    442 So. 2d 1058
    (Fla. 1stst DCA
    1983).
    It is a defense to the crime of [Introduction] [Removal] of Contraband
    [into] [from] a State Correctional Institution if the defendant used regular
    channels and was authorized by the officer in charge of the correctional
    institution to [introduce] [take] [send] the item [into] [from] the state
    correctional institution. The defendant has raised this defense.
    If you have a reasonable doubt as to whether the defendant used regular
    channels and had authorization from the officer in charge of the correctional
    institution, you should find [him] [her] not guilty.
    If the State proved beyond a reasonable doubt that the defendant did
    not use regular channels or did not have authorization from the officer in
    charge of the correctional institution, you should find [him] [her] guilty, if all
    the elements of the charge have also been proven beyond a reasonable doubt.
    - 124 -
    Lesser Included Offenses
    [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO]
    [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a)
    CATEGORY ONE          CATEGORY TWO            FLA. STAT. INS. NO.
    Possession of a                               893.13     25.7
    Controlled Substance,
    if a controlled
    substance is the
    contraband alleged
    Possession of a         790.23     10.15
    Firearm or a
    Concealed Weapon By
    a Convicted Felon, if a
    firearm or concealed
    weapon is the
    contraband alleged and
    and the possessor is an
    inmate.
    Carrying a Concealed 790.01(2)     10.1
    Firearm
    Carrying a Concealed 790.01(1)     10.1
    Weapon
    Comment
    This instruction was adopted in 2014 [
    153 So. 3d 192
    ] and amended in 2016.
    - 125 -