Senate Bill 0778

    Florida Senate - 1998                                   SB 778

    By Senator Gutman





    34-762-98

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         creating s. 893.133, F.S.; providing inferences

  4         that may be drawn from the possession of

  5         specified amounts of cocaine, marijuana,

  6         heroin, amphetamine, or methamphetamine with

  7         respect to intent to deliver or sell such

  8         substance; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 893.133, Florida Statutes, is

13  created to read:

14         893.133  Evidence of possession with intent to sell or

15  deliver controlled substances.--

16         (1)  Proof that a person possesses 5 or more grams of

17  cocaine gives rise to an inference that the person was

18  possessing the cocaine with the intent to sell or deliver the

19  cocaine.

20         (2)  Proof that a person possesses 1 pound or more of

21  marijuana gives rise to an inference that the person was

22  possessing the marijuana with the intent to sell or deliver

23  the marijuana.

24         (3)  Proof that a person possesses 1 gram or more of

25  heroin gives rise to an inference that the person was

26  possessing the heroin with the intent to sell or deliver the

27  heroin.

28         (4)  Proof that a person possesses 5 grams or more of

29  amphetamine or methamphetamine gives rise to an inference that

30  the person was possessing the amphetamine or methamphetamine

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 778
    34-762-98




  1  with the intent to sell or deliver the amphetamine or

  2  methamphetamine.

  3         Section 2.  This act shall take effect October 1, 1998.

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  6                          SENATE SUMMARY

  7    Provides that the possession of specified amounts of
      cocaine, marijuana, heroin, amphetamine, or
  8    methamphetamine gives rise to the inference that the
      possessor intended to sell or deliver the substance.
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