Florida criminal charge
Imitation controlled substances defined; possession and distribution prohibited in Florida
Imitation controlled substances defined; possession and distribution prohibited is a criminal offense under Florida law, defined by Fla. Stat. § 817.564. 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. § 817.564.
What is the penalty for imitation controlled substances defined; possession and distribution prohibited in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Manufacture/distribution/sale/possession with intent — imitation controlled substance — Applies to any person who manufactures, distributes, sells, gives, or possesses with intent to manufacture, distribute, sell, or give an imitation controlled substance.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Manufacture/distribution/sale/possession with intent — imitation controlled substance — Applies to any person who manufactures, distributes, sells, gives, or possesses with intent to manufacture, distribute, sell, or give an imitation controlled substance.; 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 5 years (Sale or distribution to a minor — Applies to any person 18 or older who knowingly sells or distributes an imitation controlled substance to a person under 18 years of age.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sale or distribution to a minor — Applies to any person 18 or older who knowingly sells or distributes an imitation controlled substance to a person under 18 years of age.; 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 1 year (Advertisement or solicitation promoting distribution — Applies to any person who places, posts, or distributes an advertisement or solicitation with reasonable knowledge it is meant to promote distribution of imitation controlled substances.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Advertisement or solicitation promoting distribution — Applies to any person who places, posts, or distributes an advertisement or solicitation with reasonable knowledge it is meant to promote distribution of imitation controlled substances.; 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 imitation controlled substances defined; possession and distribution prohibited classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture/distribution/sale/possession with intent — imitation controlled substance | Felony of the Third Degree | Applies to any person who manufactures, distributes, sells, gives, or possesses with intent to manufacture, distribute, sell, or give an imitation controlled substance. | Fla. Stat. § 817.564(3) |
| Sale or distribution to a minor | Felony of the Third Degree | Applies to any person 18 or older who knowingly sells or distributes an imitation controlled substance to a person under 18 years of age. | Fla. Stat. § 817.564(4) |
| Advertisement or solicitation promoting distribution | Misdemeanor of the First Degree | Applies to any person who places, posts, or distributes an advertisement or solicitation with reasonable knowledge it is meant to promote distribution of imitation controlled substances. | Fla. Stat. § 817.564(5) |
Common questions about imitation controlled substances defined; possession and distribution prohibited in Florida
Is imitation controlled substances defined; possession and distribution prohibited a felony or a misdemeanor in Florida?
It depends on the circumstances: imitation controlled substances defined; possession and distribution prohibited ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.564.
Manufacture/distribution/sale/possession with intent — imitation controlled substance: Felony of the Third Degree (Fla. Stat. § 817.564(3)) · Sale or distribution to a minor: Felony of the Third Degree (Fla. Stat. § 817.564(4)) · Advertisement or solicitation promoting distribution: Misdemeanor of the First Degree (Fla. Stat. § 817.564(5))
What are the penalties for imitation controlled substances defined; possession and distribution prohibited in Florida?
Penalties for imitation controlled substances defined; possession and distribution prohibited in Florida depend on how it is classified — from a Misdemeanor of the First 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 imitation controlled substances defined; possession and distribution prohibited?
Imitation controlled substances defined; possession and distribution prohibited is governed by Fla. Stat. § 817.564 (Imitation controlled substances defined; possession and distribution prohibited).
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.