It may be evident that selling a controlled substance in Florida could land you time in prison, but what could happen if you sell knockoffs of illegal drugs? In the Sunshine State, passing off a completely legal or harmless substance could lead to serious problems if you claim it is an illegal drug.
Selling illegal drugs is a crime that is punished severely in Florida, even if the drugs were not actually the controlled substances you sold them as. Criminal Defense Attorney Brian Gabriel has fought criminal charges for drug-related offenses for over 30 years, and he understands how a conviction could affect your life. Mr. Gabriel will handle your case using all of the knowledge and skill developed over the span of his three-decade career.
Florida Laws Against Selling Fake Illegal Drugs
The sale of anything that is purported as an illegal drug is prohibited in the state of Florida under Florida Statute 817.563, which states:
“It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance.”
Fabricating an illegal substance with a different illegal substance is also outlawed in Florida Statute 831.31, which reads:
“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.”
Counterfeiting illegal drugs can mean anything from diluting a controlled substance, mixing it with something else, or switching out the entire controlled substance completely with something that provides a similar effect.
In order for a person to be convicted of selling a counterfeit drug, the State must be able to prove beyond a reasonable doubt that the defendant did not have the legal authority to agree, consent, or offer to sell a controlled substance or sell something in place of a controlled substance.
Depending on your unique situation and what type of controlled substance you claimed your product to be, you could face a third-degree felony or second-degree misdemeanor for violating either of these laws. Suppose you have been arrested for peddling counterfeit illegal drugs in Florida. In that case, Criminal Defense Attorney Brian Gabriel will work diligently to create a solid defense strategy to protect your rights.
Were You Accused of Selling Fake Illegal Drugs? Hire a Florida Criminal Defense Lawyer
Whether you have been accused of selling aspirin to some peer students as Adderall or scamming a fellow concertgoer by selling them oregano that you said was weed, you could be facing penalties that could follow you for the rest of your life. Do not face a forgery, counterfeiting, or drug charge in Florida without the help of a trusted criminal defense lawyer.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.