Every state regulates the sale of controlled dangerous substances (CDS), though each differs in its definition of CDS and the penalties for their sale. Florida classifies not only well-known drugs like marijuana, heroin and cocaine as controlled substances, but also the compounds used to manufacture them.
Certain drugs, like codeine, may be legally possessed with a valid prescription.
Florida divides its CDS into five "schedules," according to their likelihood for abuse.
(Florida Statutes Section 893.03.)
This article concerns the sale of CDS only. Separate punishments apply to possession of CDS for personal use. For information about possession of controlled substances for personal use, see Possession of a Controlled Substance in Florida.
The punishment for selling CDS, possessing it with the intent to sell, or delivering CDS depends on the type and amount of substance involved in the offense. CDS crimes are punished as either felonies or misdemeanors. Misdemeanors are punished less severely than felonies and receive limited periods of incarceration and smaller fines.
To understand the charges and penalties you might face, review the charging document in your case (the complaint, information, or indictment) to see which drugs, and how much, you are charged with attempting to sell or selling. Then consult the Schedules and place the drugs in the appropriate schedule. Read the sections below to understand the possible consequences.
(Florida Criminal Code 893.13.)
Florida divides felonies into three degrees. Felony sale of the first degree is the most serious and receives the harshest penalties.
The sale or delivery of more than ten grams of any Schedule I CDS, other than the following substances, is a felony of the first degree, punishable by a period of incarceration of up to 30 years, a fine of $10,000, or both:
The sale, delivery, or possession with the intent to sell or deliver, the following substances is a felony of the second degree, punishable by a prison sentence of up to 15 years, a fine of up to $10,000, or both:
The sale, delivery, or possession with the intent to sell or deliver the following substances is a felony of the third degree, punishable by a prison sentence of up to five years, a fine of $5,000, or both:
(Florida Criminal Code Sections 893.13, 775.082, and 775.083.)
The sale of all Schedule V CDS is a misdemeanor in the first degree and is punishable by a period of incarceration of up to one year, a fine of $1,000, or both.
(Florida Criminal Code Sections 893.13, 775.082, and 775.083.)
Florida imposes harsher penalties for the sale of CDS that occurs within 1,000 feet of the following properties:
The sale, delivery, or possession with the intent to sell or deliver, the following substances within 1,000 feet of the above named properties, is a felony of the first degree and punishable by a period of incarceration of up to 30 years, a fine of up to $10,000, or both.
If a sale occurs in a location other than near a daycare facility, a defendant convicted under this section must serve a minimum of three calendar years.
The sale, delivery, or possession with the intent to sell or deliver, the following substances within 1,000 feet of the above named properties, is a felony of the second degree, and punishable by a period of incarceration of up to 15 years, a fine of up to $10,000, or both:
The sale of CDS within 1,000 feet of the above named properties, other than the CDS listed above, is punishable by a fine of $500 and 100 hours of public service. This penalty is in addition to the sentence for the underlying crime.
This penalty does not apply when the owner of the daycare facility fails to post a sign at least two square feet in size that identifies the property as a licensed daycare center.
(Florida Criminal Code Sections 893.13, 775.083.)
The use of a minor in the sale of CDS, or the sale of CDS to a minor, by a defendant over the age of 18 is a felony.
The sale of CDS to a minor, or the use of a minor to commit a CDS crime, that involves the following substances is a felony of the first degree and punishable by a period of incarceration of up to 30 years, a fine of $10,000, or both. This sentence cannot be suspended or deferred, nor can the convicted person be placed on probation.
The sale of CDS to a minor, or the use of a minor to commit a CDS crime, that involves the following substances is a felony of the second degree and punishable by a period of incarceration of up to 15 years, a fine of up to $10,000, or both. This sentence cannot be suspended or deferred and the convicted person may not be placed on probation.
(Florida Criminal Code 893.13.)
Like most states, Florida imposes harsher penalties on defendants with multiple prior convictions.
A defendant with two or more prior felony convictions in Florida, or under any other law in the United States, faces an increased penalty for subsequent convictions.
Review the statute to determine whether your past convictions could result in an enhanced penalty.
(Florida Criminal Code Section 775.084.)
A defendant with four of more prior misdemeanor convictions may be penalized in one of the following manners at the court's discretion:
(Florida Criminal Code Section 775.0837.)
If you are convicted of selling CDS, you face serious penalties that have life-long consequences. You should seek the help of an attorney who has experience in defending CDS related crimes so that you understand the offense you have been charged with, its penalties, and the possible outcomes of your case.