Defining “Sale, Manufacture, and Delivery”

Florida prosecutes drug offenses aggressively, seeing them as crimes against society. The “sale, manufacture, and delivery” of drugs are among the most serious, next to drug trafficking, given that they are all crimes intended to distribute more illicit substances to the populace. If you have been charged with any of these offenses, it is crucial to take it seriously.

Crimes Against Society

State law defines “sale, manufacture, and delivery” in a fairly straightforward manner. A sale is exchanging a product for a sum of money; manufacturing is producing, cultivating, growing or otherwise creating a product, and delivering it is metaphorically placing it in the hands of consumers. However, there are many different scenarios that Florida courts have ruled to fit one of these crimes – for example, bartering for a controlled substance will still often count as a ‘sale,’ even if no money changes hands.

While these offenses carry stiff penalties – most will be charged as third-degree felonies – they can be charged more strictly if certain sentence enhancements apply. For example, selling or delivering drugs within 1,000 feet of a school, house of worship, or child care facility will usually result in the charge being raised one level – so, a third-degree felony would be charged as a second-degree felony, which usually carries a much harsher sentence.

Why So Harsh?  

While the sale, manufacture, and delivery of a controlled substance are seen as serious offenses, the crime of drug trafficking carries the harshest possible sentences in most cases – and the difference between delivery or distribution charges and those for drug trafficking often hinge on the quantity of drugs involved. While most drug convictions will result in sentences between 3 and 25 years, it is possible to receive a life sentence for trafficking in a Schedule I substance.

Part of the reason for Florida’s harsh stance stems from the damage that illegal drugs have done to the state’s population and its economy. The years of cartel activity, particularly in South Florida, have left the state with a high rate of drug use, and even today, around 15 percent of incarcerated people are there for drug-related offenses. Law enforcement takes their duty to protect Floridians seriously.

Contact A West Palm Beach Drug Crimes Attorney

Whether selling, manufacturing, delivering or otherwise distributing a controlled substance, the potential penalties in Florida are harsh, and you need the right West Palm Beach drug crimes attorney on your side to ensure your rights are protected. Contact the firm of Perlet & Shiner, P.A. today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2021/893.13