The 2023 Florida Statutes (including Special Session C)
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. . . conviction for delivery/possession of an imitation controlled substance, which is a violation of section 817.564 . . .
. . . The majority opinion acknowledges that such sale by police in reverse-stings is illegal, as section 817.564 . . . Accordingly, and pending an amendment to section 817.564 by the legislature, I would hold that such sales . . . He argues that, under section 817.564, Florida Statutes (1997), his due process rights were violated . . . It is undisputed that section 817.564 does not provide an exemption for the sale of imitation controlled . . . statutes, however, deal with controlled substances only, and neither makes any reference to section 817.564 . . . operations, the better alternative would have the legislature establishing a specific exemption in section 817.564 . . .
. . . In Drain, the only issue before this court was the proper interpretation to be given section 817.564( . . . held that the amended information entirely failed to adequately allege an offense pursuant to section 817.564 . . .
. . . Florida Statutes (1989), and “sale of an imitation controlled substance,” an offense under Section 817.564 . . .
. . . use, possession, or sale of any of the substances referred to in Chapter 893.03, Florida Statutes, or 817.564 . . .
. . . The State charged the defendant with a violation of section 817.564(3), Florida Statutes, which makes . . . not an imitation controlled substance “which is subject to abuse” as that phrase is used in section 817.564 . . . The subject of the main sentence in section 817.564(1) is “imitation controlled substance”. . . . Subparagraph (3) of section 817.564, Florida Statutes, which is the portion of the statute criminalizing . . . To construe the second “WHICH” proviso in section 817.564(1), Florida Statutes, ("which is subject to . . .
. . . use, possession, or sale of any of the substances referred to in Chapter 893.03, Florida Statutes, or 817.564 . . .
. . . jury was instructed on the meaning of “imitation controlled substance,” which is defined in section 817.564 . . . Section 817.564 prohibits the possession and distribution of imitation controlled substances. . . .
. . . The sections which apply to imitation controlled substances are sections 817.563 and 817.564, Florida . . .
. . . Section 817.564 reads in pertinent part (emphasis added): Imitation Controlled Substances Defined; Possession . . .