Florida criminal charge
Controlled substance named or described in s. 893.03; sale of substance in lieu thereof in Florida
Controlled substance named or described in s. 893.03; sale of substance in lieu thereof is a criminal offense under Florida law, defined by Fla. Stat. § 817.563. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.563.
What is the penalty for controlled substance named or described in s. 893.03; sale of substance in lieu thereof in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Sale of substance in lieu of controlled substance listed in s. 893.03(1)-(4) — Applies when the substance represented as being sold is one named or described in s. 893.03(1), (2), (3), or (4).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sale of substance in lieu of controlled substance listed in s. 893.03(1)-(4) — Applies when the substance represented as being sold is one named or described in s. 893.03(1), (2), (3), or (4).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Sale of substance in lieu of controlled substance listed in s. 893.03(5) — Applies when the substance represented as being sold is one named or described in s. 893.03(5).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Sale of substance in lieu of controlled substance listed in s. 893.03(5) — Applies when the substance represented as being sold is one named or described in s. 893.03(5).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is controlled substance named or described in s. 893.03; sale of substance in lieu thereof classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale of substance in lieu of controlled substance listed in s. 893.03(1)-(4) | Felony of the Third Degree | Applies when the substance represented as being sold is one named or described in s. 893.03(1), (2), (3), or (4). | Fla. Stat. § 817.563(1) |
| Sale of substance in lieu of controlled substance listed in s. 893.03(5) | Misdemeanor of the Second Degree | Applies when the substance represented as being sold is one named or described in s. 893.03(5). | Fla. Stat. § 817.563(2) |
Common questions about controlled substance named or described in s. 893.03; sale of substance in lieu thereof in Florida
Is controlled substance named or described in s. 893.03; sale of substance in lieu thereof a felony or a misdemeanor in Florida?
It depends on the circumstances: controlled substance named or described in s. 893.03; sale of substance in lieu thereof ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.563.
Sale of substance in lieu of controlled substance listed in s. 893.03(1)-(4): Felony of the Third Degree (Fla. Stat. § 817.563(1)) · Sale of substance in lieu of controlled substance listed in s. 893.03(5): Misdemeanor of the Second Degree (Fla. Stat. § 817.563(2))
What are the penalties for controlled substance named or described in s. 893.03; sale of substance in lieu thereof in Florida?
Penalties for controlled substance named or described in s. 893.03; sale of substance in lieu thereof in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers controlled substance named or described in s. 893.03; sale of substance in lieu thereof?
Controlled substance named or described in s. 893.03; sale of substance in lieu thereof is governed by Fla. Stat. § 817.563 (Controlled substance named or described in s. 893.03; sale of substance in lieu thereof).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.