Florida criminal charge
Distribution of controlled substances resulting in overdose or serious bodily injury in Florida
Distribution of controlled substances resulting in overdose or serious bodily injury is a criminal offense under Florida law, defined by Fla. Stat. § 893.131. 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. § 893.131.
What is the penalty for distribution of controlled substances resulting in overdose or serious bodily injury in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Distribution causing overdose or serious bodily injury (first offense) — A person 18 or older unlawfully distributes heroin, fentanyl, fentanyl derivatives, carfentanil, alfentanil, sufentanil, an analog of these, or a mixture containing any of these, and the substance is proven to have caused or been a substantial factor in causing an overdose or serious bodily injury of the user, and the person has no prior conviction under paragraph (a).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Distribution causing overdose or serious bodily injury (first offense) — A person 18 or older unlawfully distributes heroin, fentanyl, fentanyl derivatives, carfentanil, alfentanil, sufentanil, an analog of these, or a mixture containing any of these, and the substance is proven to have caused or been a substantial factor in causing an overdose or serious bodily injury of the user, and the person has no prior conviction under paragraph (a).; 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 30 years (Distribution causing overdose or serious bodily injury (subsequent offense) — A person 18 or older commits a violation of paragraph (a) and has previously been convicted of a violation of paragraph (a).; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Distribution causing overdose or serious bodily injury (subsequent offense) — A person 18 or older commits a violation of paragraph (a) and has previously been convicted of a violation of paragraph (a).; 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 distribution of controlled substances resulting in overdose or serious bodily injury classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution causing overdose or serious bodily injury (first offense) | Felony of the Second Degree | A person 18 or older unlawfully distributes heroin, fentanyl, fentanyl derivatives, carfentanil, alfentanil, sufentanil, an analog of these, or a mixture containing any of these, and the substance is proven to have caused or been a substantial factor in causing an overdose or serious bodily injury of the user, and the person has no prior conviction under paragraph (a). | Fla. Stat. § 893.131(2)(a) |
| Distribution causing overdose or serious bodily injury (subsequent offense) | Felony of the First Degree | A person 18 or older commits a violation of paragraph (a) and has previously been convicted of a violation of paragraph (a). | Fla. Stat. § 893.131(2)(b) |
Common questions about distribution of controlled substances resulting in overdose or serious bodily injury in Florida
Is distribution of controlled substances resulting in overdose or serious bodily injury a felony or a misdemeanor in Florida?
It depends on the circumstances: distribution of controlled substances resulting in overdose or serious bodily injury ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 893.131.
Distribution causing overdose or serious bodily injury (first offense): Felony of the Second Degree (Fla. Stat. § 893.131(2)(a)) · Distribution causing overdose or serious bodily injury (subsequent offense): Felony of the First Degree (Fla. Stat. § 893.131(2)(b))
What are the penalties for distribution of controlled substances resulting in overdose or serious bodily injury in Florida?
Penalties for distribution of controlled substances resulting in overdose or serious bodily injury in Florida depend on how it is classified — from a Felony of the Second Degree up to a Felony of the First 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 distribution of controlled substances resulting in overdose or serious bodily injury?
Distribution of controlled substances resulting in overdose or serious bodily injury is governed by Fla. Stat. § 893.131 (Distribution of controlled substances resulting in overdose or serious bodily injury).
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.