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Sale or Delivery of a Controlled Substance

Possession of a controlled substance is an incredibly common criminal offense in Florida, but alleged offenders can face much more serious consequences when they are accused of selling or delivering an illegal drug. In many cases, sale or delivery of a controlled substance is a felony offense.

It is important to understand that an alleged sale or delivery is a specific action that a prosecutor must prove beyond a reasonable doubt in order to obtain a conviction. Law enforcement officers do not need to witness the actual sales or deliveries in order to arrest people for these offenses, as many agencies rely on witnesses or confidential informants to testify that they witnessed the alleged sales or deliveries.

Lawyer for Sale or Delivery of a Controlled Substance in Miami-Dade County, FL

Were you recently arrested for allegedly selling or delivering an illegal drug anywhere in South Florida? Do not say anything to authorities without legal counsel. Contact The Hoffman Firm as soon as possible.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who aggressively defends clients facing drug charges in South Miami, Key Biscayne, Aventura, Coral Gables, Hialeah, Opa-locka, Miami, North Miami, and many surrounding areas of Miami-Dade County. You can have our lawyer provide a complete evaluation of your case as soon as you call (305) 249-0090 to receive a free, confidential consultation.


Overview of Sale or Delivery of a Controlled Substance in North Miami


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Sale or Delivery of a Controlled Substance Charges in Florida

Florida Statute § 893.13(1)(a) establishes that a person cannot sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Alleged violations of this statute are graded as follows, depending on what drug schedule the illegal drug that is involved in the alleged offense is classified under:

  • Florida Statute § 893.03(5) [All Schedule V drugs] — First-Degree Misdemeanor;
  • Florida Statute § 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) [includes heroin, cocaine, methamphetamine, oxycodone, fentanyl, and others] — Second-Degree Felony; and
  • Florida Statute § 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) [Includes cannabis, lysergic acid diethylamide (LSD), synthetic cannabinoids, anabolic steroids, 3,4-methylenedioxymethamphetamine (MDMA), and others] — Third-Degree Felony.

Additionally, Florida Statute § 893.13(1)(b) states that it is a first-degree felony if an alleged offender sells or delivers in excess of 10 grams of any substance named or described in Florida Statute § 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance.

The Florida Standard Jury Instructions state that sell is defined as "to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value." Deliver or delivery is defined as "the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship."


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Miami-Dade County Penalties for Sale or Delivery of a Controlled Substance

Sale or delivery of controlled substance offenses are punishable as follows:

  • First-Degree Misdemeanor — Up to one year in jail and/or a fine of up to $1,000;
  • Third-Degree Felony — Up to five years in prison and/or a fine of up to $5,000;
  • Second-Degree Felony — Up to 15 years in prison and/or a fine of up to $10,000; and
  • First-Degree Felony — Up to 30 years in prison and/or a fine of up to $10,000.

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Florida Sale or Delivery of a Controlled Substance Resources

Substance Abuse | United Way of Broward County — United Way of Broward County is a nonprofit organization that identifies itself as "an architect of solutions for challenges faced by countless people in our community." On this section of its website, you can learn more about what substance abuse looks like, what you can do to help, and what success looks like. Elsewhere on this website, you can also find information about emergency needs, community impact partner brand standards, and success stories.

United Way of Broward County
1300 South Andrews Ave.
Fort Lauderdale, FL 33316
(954) 462-4850

Florida Statute § 893.03 — View the full text of the Florida Statute establishing standards and schedules for controlled substances. Florida has five schedules, and you can read a definition of what types of controlled substances are classified under these schedules. You can also view full lists of all controlled substances that are classified under each schedule.


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The Hoffman Firm | Miami Sale or Delivery of a Controlled Substance Defense Attorney

If you were arrested anywhere in Miami-Dade County for allegedly selling or delivering an illicit drug, it will be in your best interest to quickly seek legal representation. The Hoffman Firm represents residents of and visitors to communities throughout South Florida, such as Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, Coral Gables, Homestead, Hialeah, and many others.

Miami criminal defense lawyer Evan A. Hoffman will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible consequences. Call (305) 249-0090 or submit an online contact form to have our attorney review your case and help you understand all of your legal options during a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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