Florida Statute 817.564 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.564

817.564 Imitation controlled substances defined; possession and distribution prohibited.—

(1) For the purposes of this section, the term “imitation controlled substance” means a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance enumerated in chapter 893, which is subject to abuse, and which:

(a) By overall dosage unit appearance, including color, shape, size, markings, and packaging, or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or

(b) By express or implied representations, purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug Administration.

(2) In those instances where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, the court or authority concerned may consider, in addition to all other logically relevant factors, the following factors as related to “representations made” in determining whether the substance is an imitation controlled substance:

(a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect.

(b) Statements made to the recipient that the substance may be resold for inordinate profit.

(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities.

(e) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud.

(f) The proximity of the substances to controlled substances.

(3) It is unlawful for any person to manufacture, distribute, sell, give, or possess with the intent to manufacture, distribute, sell, or give an imitation controlled substance. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It is unlawful for any person 18 years of age or over to knowingly sell or distribute an imitation controlled substance to a person under the age of 18 years. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication or to post or distribute in any public place any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(6) Civil or criminal liability may not be imposed by virtue of this section against:

(a) Any person operating in accordance with the Florida Comprehensive Drug Abuse Prevention and Control Act who manufactures, dispenses, sells, gives, or distributes an imitation controlled substance for use as a placebo by a licensed practitioner in the course of professional practice or research; or

(b) A law enforcement officer acting in the officer’s official capacity during the course of an active criminal investigation relating to controlled substances which is approved or authorized by the officer’s agency or to an informer or third party acting under the direction or control of such an officer as part of an authorized, active criminal investigation relating to controlled substances.

History.—s. 1, ch. 85-319; s. 197, ch. 91-224; s. 1, ch. 2001-95.

F.S. 817.564 on Google Scholar

F.S. 817.564 on Casetext

Amendments to 817.564

Arrestable Offenses / Crimes under Fla. Stat. 817.564

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.564 3 - DRUGS-HEALTH OR SAFETY - MANUFACTURE DISTRIB SELL ETC IMITATION DRUGS - F: T

S817.564 4 - CONTRIB DELINQ MINOR - OVER 18 SELL ETC IMITATION DRUG TO UND 18 YOA - F: T

S817.564 5 - DRUGS-HEALTH OR SAFETY - ADVERTISE SOLICIT DISTRIBUTE IMITATION DRUGS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 817.564

Total Results: 13

JOHNNY RAY GRAHAM v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

Snippet: may have applied to these facts, such as section 817.564, Florida Statutes (2020), but the State only charged

Mitchell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-06T23:53:00-08:00

Citation: 780 So. 2d 282

Snippet: controlled substance, which is a violation of section 817.564, Florida Statutes (1997), not chapter 893.

Hamon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-22T00:00:00-07:00

Citation: 744 So. 2d 1065, 1999 Fla. App. LEXIS 12557, 1999 WL 743603

Snippet: police in reverse-stings is illegal, as section 817.564 does not provide an exception for same. Yet, it…Accordingly, and pending an amendment to section 817.564 by the legislature, I would hold that such sales

Chicone v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-01T23:53:00-08:00

Citation: 658 So. 2d 1007

Snippet: the proper interpretation to be given section 817.564(3), Florida Statutes, which makes it unlawful for…adequately allege an offense pursuant to section 817.564 because the amended information failed to state

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-18T00:00:00-07:00

Citation: 620 So. 2d 236, 1993 Fla. App. LEXIS 6504, 1993 WL 210586

Snippet: controlled substance,” an offense under Section 817.564, Florida Statutes (1989), were used interchangeably

E.L. v. State

Court: Fla. | Date Filed: 1993-03-25T00:00:00-08:00

Citation: 619 So. 2d 252, 18 Fla. L. Weekly Supp. 203, 1993 Fla. LEXIS 523

Snippet: referred to in Chapter 893.03, Florida Statutes, or 817.564 or such person has been convicted of any violation

EL v. State

Court: Fla. | Date Filed: 1993-03-24T23:53:00-08:00

Citation: 619 So. 2d 252

Snippet: referred to in Chapter 893.03, Florida Statutes, or 817.564 or such person has been convicted of any violation

Drain v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-29T00:53:00-07:00

Citation: 601 So. 2d 256

Snippet: charged the defendant with a violation of section 817.564(3), Florida Statutes, which makes it unlawful for…dismiss the charges on two grounds: (1) that section 817.564 is unconstitutional on its face and void because…possession of which is not illegal under section 817.564. The motion to dismiss asserted that the wax in… abuse" as that phrase is used in section 817.564(1), and was interpreted in State v. Jones, 565 …case. The subject of the main sentence in section 817.564(1) is "imitation controlled substance"

State v. E.L.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-28T00:00:00-08:00

Citation: 595 So. 2d 981, 1992 Fla. App. LEXIS 1805

Snippet: referred to in Chapter 893.03, Florida Statutes, or 817.564 or such person has been convicted of any violation

State v. EL

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-27T23:53:00-08:00

Citation: 595 So. 2d 981

Snippet: referred to in Chapter 893.03, Florida Statutes, or 817.564 or such person has been convicted of any violation

Ruffner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-17T00:00:00-08:00

Citation: 590 So. 2d 1054, 1991 Fla. App. LEXIS 12381, 1991 WL 267965

Snippet: controlled substance,” which is defined in section 817.564, Florida Statutes, in part, as a substance “which…substance enumerated in chapter 893....” Section 817.564 prohibits the possession and distribution of imitation

Warner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-11T00:00:00-07:00

Citation: 581 So. 2d 232, 1991 Fla. App. LEXIS 6288

Snippet: controlled substances are sections 817.563 and 817.564, Florida Statutes. No. 90-1588 District

State v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1990-07-23T00:00:00-07:00

Citation: 565 So. 2d 788, 1990 Fla. App. LEXIS 5269, 1990 WL 102729

Snippet: charging him with violation of Florida Statute sec. 817.-564(3). ... Defendant is entitled to dismissal of …were the same as those used previously.) Section 817.564 reads in pertinent part (emphasis added): Imitation