Florida Statute 893.13 is the State’s workhorse drug charge — possession, sale, delivery, and possession with intent all live here — and the severity is a ladder built on three questions: what the drug is, how much, and where you were standing. If your paperwork says POSS CONT SUB or cites F.S.S. 893.13(6)(a), you are on the possession rungs of this ladder.
The possession rungs — § 893.13(6)
- 20 grams or less of cannabis — first-degree misdemeanor, up to 1 year: § 893.13(6)(b).
- Schedule V substance — second-degree misdemeanor: § 893.13(6)(d).
- Any other controlled substance (cocaine, meth, pills without a valid prescription) — third-degree felony, up to 5 years: § 893.13(6)(a). This is the standard POCS charge.
- More than 10 grams of the Schedule I(a), I(b), or II(b) substances — heroin and fentanyl country — first-degree felony, up to 30 years: § 893.13(6)(c).
The sale and delivery rungs — § 893.13(1)
Selling, manufacturing, delivering, or possessing with intent to sell runs a degree hotter: second-degree felony for the major Schedule I and II drugs, third-degree for most others (§ 893.13(1)(a)). Do it within 1,000 feet of a school and it becomes a first-degree felony with a 3-year minimum mandatory (§ 893.13(1)(c)). And fentanyl pressed or packaged to look like candy or a branded product is its own first-degree felony with a 3-year minimum under § 893.13(1)(i).
The detail most people miss
The 10-gram trap. Simple possession — no sale, no intent — of just over 10 grams of a fentanyl or heroin mixture is a first-degree felony carrying up to 30 years, six times the exposure of ordinary felony possession. This is so because § 893.13(6)(c) counts the weight of the whole mixture, not the pure drug. Two subsections apart, same statute, a 25-year difference.
Facing a drug charge in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 893.13 (official Florida Statutes).
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a drug possession charge in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.