817.563
Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.
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817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.—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. Any person who violates this section with respect to:
History.—s. 1, ch. 81-53; s. 4, ch. 89-281; s. 101, ch. 97-264; s. 7, ch. 99-186; s. 17, ch. 2000-320; s. 7, ch. 2002-78; s. 26, ch. 2016-105; s. 3, ch. 2019-166.
Notes of Decisions
Cited in 67
cases, 1983–2013 · leading case: State v. Bussey
State v. Bussey (1985)
“The state accused appellee Bussey of agreeing, consenting, or offering to sell heroin, a controlled substance, and then selling another substance, a compound of caffeine and methapyrilene, in lieu of heroin, in violation of section 817.563, Florida Statutes (1981).”
State v. Thomas (1983)
“Appellees Thomas and Williams were charged with violations of section 817.563, Fla. Stat. (1981). [1] The State appeals the orders of the trial court granting appellees' motions to dismiss on the ground that section 817.”
Greenwade v. State (2013)
“(2009); § 817.563, Fla. Stat. (2009). Under section 817.”
Carruthers v. State (1994)
“Carruthers challenges his conviction for sale of a counterfeit controlled substance pursuant to section 817.563, Florida Statutes (1991).”
Lindsey v. State (1984)
“13(1)(a)(2), Florida Statutes (1981), and one count for the sale of substance in lieu of a controlled substance, section 817.563, Florida Statutes (1981).”
United States v. Brown (2010)
“and then sell to such person any other substance in lieu of such controlled substance[,]" Fla. Stat. § 817.563 , the Florida Supreme Court observed: The legislature, in enacting section 817.”
Mitchell v. State (1986)
“This is an appeal from a conviction for offering to sell a controlled substance and substituting another substance in violation of section 817.563, Florida Statutes (1981).”
Mitchell v. State (1993)
“Darrell Mitchell (Mitchell) was convicted of a third-degree felony in violation of section 817.563, Florida Statutes (1989).”
State v. Bussey (1984)
“Appellant was charged by information with the sale of a noncontrolled substance in violation of Section 817.563, Florida Statutes (1981), which states as follows: 817.”
Wheeler v. State (1997)
“See § 817.563, Fla.Stat. (1995); State v. Bussey, 463 So.”
Thompson v. State (1991)
“Because this is a case of first impression, and involves an issue of great public importance, [10] we certify the following question to the supreme court: *495 CAN A DEFENDANT BE PROPERLY CONVICTED OF BOTH FRAUDULENT SALE OF A COUNTERFEIT CONTROLLED SUBSTANCE AND FELONY PETIT…”
Hernandez v. State (2010)
“See § 817.563, Fla. Stat. (2002) (making it “unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance .”
— 817.563(1) — 12 cases
Raines v. State (2009)
Anderson v. State (1994)
Abbott v. State (1993)
Mitchell v. State (1986)
“This is an appeal from a conviction for offering to sell a controlled substance and substituting another substance in violation of section 817.563, Florida Statutes (1981).”
Thomas v. State (2005)
— 817.563(2) — 1 case
State v. Hricik (1984)
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