Florida criminal charge
Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver in Florida
Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver is a criminal offense under Florida law, defined by Fla. Stat. § 831.31. 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. § 831.31.
What is the penalty for counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Counterfeit controlled substance - Schedule I-IV — Applies when the counterfeit controlled substance involved is one named or described in s. 893.03(1), (2), (3), or (4).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Counterfeit controlled substance - Schedule I-IV — Applies when the counterfeit controlled substance involved 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 (Counterfeit controlled substance - Schedule V — Applies when the counterfeit controlled substance involved 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 (Counterfeit controlled substance - Schedule V — Applies when the counterfeit controlled substance involved 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 counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Counterfeit controlled substance - Schedule I-IV | Felony of the Third Degree | Applies when the counterfeit controlled substance involved is one named or described in s. 893.03(1), (2), (3), or (4). | Fla. Stat. § 831.31(1)(a) |
| Counterfeit controlled substance - Schedule V | Misdemeanor of the Second Degree | Applies when the counterfeit controlled substance involved is one named or described in s. 893.03(5). | Fla. Stat. § 831.31(1)(b) |
Common questions about counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver in Florida
Is counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver a felony or a misdemeanor in Florida?
It depends on the circumstances: counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 831.31.
Counterfeit controlled substance - Schedule I-IV: Felony of the Third Degree (Fla. Stat. § 831.31(1)(a)) · Counterfeit controlled substance - Schedule V: Misdemeanor of the Second Degree (Fla. Stat. § 831.31(1)(b))
What are the penalties for counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver in Florida?
Penalties for counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver 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 counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver?
Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver is governed by Fla. Stat. § 831.31 (Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver).
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.