Florida Opium Laws

Florida laws classify the different forms of opium as Schedule II, III or V controlled substances.

Opium and its derivatives are controlled substances pursuant to both federal and Florida state laws. Florida laws that govern the possession and sale of opium are contained in Title XLVI, Chapter 893 of the Florida statutes.

Controlled Substance Schedules

Opium described in Schedule II is considered to have a high potential for abuse and dependence. Schedule III opium is considered to have less potential for abuse and dependence than opium described in Schedule II. Schedule V opium is considered to have a low potential for abuse and dependence. Criminal culpability is different depending upon which level of potential for abuse and dependence exists.

Degree Severity and Penalties

Florida Statute 893.13 provides the degrees of severity for drug possession or possession for sale as it relates to sentencing. Depending upon which scheduled offense has been violated, offenses range from misdemeanors in the first degree to felonies of the first, second or third degree.

Reoffenders and Enhanced Penalties

Florida Statute 775.082 provides minimum sentence guidelines and enhanced penalties for reoffending drug users and sellers. Subsection (9)(a)(1) applies to defendants who, after being released from prison for a felony drug offense punishable by one year or more in prison, commits or attempts to commit, a felony drug offense within three years after release from prison. The minimum sentences for reoffenders range from 5 to 30 years in prison.

References

• Florida Statutes Annotated: Chapter 775: Sentencing Structures
• Florida Statutes Annotated: Section 893: Drug Abuse Prevention and Control