In Florida, the sale of a controlled dangerous substance (CDS) is a serious criminal offense involving the illegal sale, distribution, or delivery of drugs that are regulated under Florida's controlled substance laws. These substances include illegal drugs like cocaine, heroin, methamphetamine, as well as prescription medications sold without a valid prescription. The sale of controlled substances is governed by Florida Statutes Chapter 893, and the penalties for this crime can be severe, depending on the type and amount of the substance involved.

​

If you were arrested in Jacksonville for sale of CDS it is essential you have an experienced Duval County criminal defense lawyer by your side. 

​

Definition of Sale of a Controlled Dangerous Substance:

Under Florida law, the sale of a controlled dangerous substance occurs when a person:

1. Knowingly sells, distributes, or delivers a substance that is classified as controlled under Florida's drug schedules.

2. Possesses the intent to sell, distribute, or deliver the controlled substance.

​

Types of Controlled Substances:

Controlled substances in Florida are categorized into five schedules, based on their potential for abuse, accepted medical use, and safety. Some examples include:

Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy).

Schedule II: High potential for abuse, accepted medical use with restrictions (e.g., cocaine, methamphetamine, oxycodone).

Schedule III: Moderate potential for abuse, accepted medical use (e.g., anabolic steroids, ketamine).

Schedule IV: Low potential for abuse, accepted medical use (e.g., Xanax, Valium).

Schedule V: Lowest potential for abuse, accepted medical use (e.g., cough preparations with less than 200 milligrams of codeine).

​

Penalties for Sale of a Controlled Dangerous Substance:

The penalties for selling a controlled dangerous substance in Florida depend on several factors, including the type and quantity of the substance, the location of the sale (e.g., near a school), and whether the defendant has prior convictions.

​

1. Sale of a Schedule I or II Substance (e.g., heroin, cocaine, methamphetamine):

Second-Degree Felony: Punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Enhanced penalties may apply if large quantities of the substance are involved or if the sale took place near a protected area (e.g., within 1,000 feet of a school, park, or church).

​

2. Sale of a Schedule III, IV, or V Substance (e.g., anabolic steroids, Xanax, Valium):

Third-Degree Felony: Punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.

​

3. Sale of Marijuana:

More than 25 pounds or 300 plants: First-Degree Felony (Trafficking): Punishable by mandatory minimum sentences ranging from 3 to 15 years in prison, depending on the quantity.

Less than 25 pounds: Third-degree felony, punishable by up to 5 years in prison.

​

Enhanced Penalties:

Certain circumstances can lead to enhanced penalties for selling controlled substances in Florida, such as:

Sale near a School, Park, or Other Protected Area: If the sale occurs within 1,000 feet of a school, park, daycare center, church, or other designated area, the offense may be reclassified to a higher degree, leading to longer prison sentences and higher fines.

Sale to a Minor: If the sale is made to a minor, enhanced penalties may apply.

Drug Trafficking: If the quantity of the controlled substance exceeds certain thresholds, the defendant may be charged with drug trafficking, which carries mandatory minimum prison sentences and substantial fines.

​

Defenses to Sale of a Controlled Dangerous Substance:

Several defenses may be available to someone charged with selling a controlled dangerous substance in Florida, depending on the circumstances of the case:

​

1. Lack of Knowledge: The defendant may argue that they were unaware of the presence of the controlled substance or that they did not know it was a controlled substance.

2. Entrapment: If law enforcement induced the defendant to commit the crime that they would not have otherwise committed, this may be a defense.

3. Illegal Search and Seizure: If the police conducted an illegal search or violated the defendant's constitutional rights, the evidence (drugs) may be suppressed, leading to dismissal of the charges.

4. Mistaken Identity: The defendant may claim that they were wrongly identified as the person who sold the controlled substance.

​

Importance of Legal Representation:

The sale of a controlled dangerous substance is a serious crime in Florida that can lead to significant legal consequences, including lengthy prison sentences, hefty fines, and a permanent criminal record. It is essential for anyone facing these charges to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

In summary, the sale of a controlled dangerous substance in Florida involves unlawfully selling or distributing drugs that are regulated under Florida's controlled substance laws. The penalties depend on the type and quantity of the substance and can range from 5 years in prison for lower-level offenses to life imprisonment for severe cases involving trafficking. We are Duval County defense attorneys and will help defend against these charges and protect your rights.