25.11. Trafficking In Illegal Drugs

25.11 TRAFFICKING IN ILLEGAL DRUGS 893.135(1)(c), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled substances." [Specific substance alleged] or any mixture containing tance [specific subs is a controlled substance. tance To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was tance alleged] ixture containing [[specific substance alleged] 3. The quantity of the substance involved was four grams or more. 4. [Name of defendant] knew that the substance was [[specific substance ixture containing [specific substance alleged]]. NOTE TO JUDGE: If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketedshould be given instead of element 4 language above. For example, if it is alleged that the defendant intended to sell heroin but actually so the alternate element ld the specific substance alleged,4 would be given. an ufacture] [deliver] erated controlled substance in F.S. h [bring into Florida] [possess] [an enum [brought into Florida] [possessed] [specific substance alleged or a mixture containing the specific substance alleged].] "Sell" means to transfer or deliver somthing to another person in exchange for emoney or something of value or a promise of money or something of value. "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. "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. <<<<<<<<<********>>>>>>>>>>>>> 2 To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed. Possession may be actual or constructive. Actual possession means (a) the thing is in the hand of or on the person, or (b) the thing is in a container in the hand of or on the person, or (c) the thing is so close as to be within ready reach and is under the control of the person. NOTE TO JUDGE: Give any of the next three paragraphs if applicable. Mere proximity to a thing is not sufficient to establish control over that thing when the thing is not in a place over which the person has control. Constructive possession means the thing is in a place over which the person has control, or in which the person has concealed it. If a thing is in a place over which the person does not have control, in order to establish constructive possession the State must prove the persons (1) control over the thing, (2) knowledge that the thing was within the persons presence, and (3) knowledge of the illicit nature of the thing. Possession may be joint, that is two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed. The punishment provided by law for the crime of Trafficking in Illegal Drugs is greater depending on the amount of (specific substance alleged) involved. Therefore, if you find the defendant guilty of Trafficking in Illegal Drugs, you must determine by your verdict whether: a. [The quantity of the substance involved was in excess of 4 grams but less than 14 grams.] <<<<<<<<<********>>>>>>>>>>>>> 3 b. [The quantity of the substance involved was 14 grams or more but less than 28 grams.] c. [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.] d. [The quantity of the substance involved was 30 kilograms or more but less than 60 kilograms.]