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Florida statute

Fla. Stat. § 831.31 — Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver

Current through 2025 Florida Statutes

Part of Chapter 831: Forgery and Counterfeiting, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 831.31

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 831.31Primary source, current through the 2025 Florida Statutes
(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:(a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) For purposes of this section, “counterfeit controlled substance” means:(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.