How Florida's 2023 Law Targets "Candy-Like" Fentanyl and What It Means for Defendants
Florida has always taken a strict stance on drug crimes, but the arrival of fentanyl changed everything. With overdose deaths rising, lawmakers moved quickly to close perceived gaps in the law. In 2023, the state passed House Bill 1359 (HB 1359), a law specifically aimed at protecting minors from fentanyl disguised as candy, vitamins, or branded products.
Under this law, anyone convicted of selling fentanyl to a minor in a form that resembles candy faces some of the toughestpenalties in the nation: a mandatory 25 years to life in prison and a $1 million fine.
As a defense lawyer, I have seen how prosecutors wield this law aggressively, often overcharging cases and treating individuals as if they were intentionally targeting children. It is important to understand exactly what the statute says, the penalties it carries, and what defenses are available if you or a loved one is facing charges under HB 1359.
Florida's HB 1359: Statutory Language
Effective October 1, 2023, HB 1359 amended § 893.135, Florida Statutes to provide:
"A person 18 years of age or older who is convicted of trafficking in dangerous fentanyl or fentanyl analogs by knowingly selling or delivering to a minor at least four grams of fentanyl or a fentanyl analog shall be sentenced to a mandatory minimum term of not less than 25 years and not exceeding life imprisonment, and shall be ordered to pay a fine of $1 million if the fentanyl or mixture has attributes that resemble candy, cereal, a gummy, a vitamin, a chewable product such as gum, or contains cartoon character imprints, logos, or other branded appearances."
This law was passed in response to concerns about "rainbow fentanyl," where traffickers pressed fentanyl into colorful pills or gummies that resembled candy, raising fears that children could be targeted.
Penalties Under HB 1359
If convicted, the penalties are extreme:
- Mandatory 25 years to life in prison
- $1 million fine
- Classification as a first-degree felony
- Exposure to lifetime probation or supervised release after incarceration
Unlike other trafficking charges, the court has no discretion to go below the mandatory sentence unless the prosecution agrees.
Why Florida Passed This Law
Legislators argued that drug dealers were disguising fentanyl to make it more appealing to children. By creating mandatory penalties, the state wanted to send a clear message: selling fentanyl in child-friendly forms will not be tolerated.
Although the public focus was on protecting children, the law also dramatically increased risks for defendants. Even if the fentanyl was never intended for children, the appearance of the drug may trigger this enhancement.
Defenses Against HB 1359 Charges
Every case is different, but several defenses may be available.
1. Was the Substance Actually Fentanyl?
The state must prove the substance contained fentanyl or a listed analogue. Independent lab testing can challenge the accuracy of state forensic labs.
2. Did It Resemble Candy or Branded Products?
Not every colorful pill qualifies. The law requires proof that the fentanyl had features like cartoon imprints, logos, or a gummy-like appearance. This can be challenged if the state overstates its evidence.
3. Knowledge
The defendant must have knowingly sold fentanyl in the prohibited form. If the seller did not know the appearance or contents, that undermines the charge.
4. Illegal Searches
Drugs found in an unlawful search or seizure may be excluded from evidence.
5. Entrapment
If law enforcement induced the crime, entrapment can be a defense.
Real Case Insight
I once represented a young man accused of selling fentanyl-laced gummies. The state argued the candies were "kid-friendly" because they resembled vitamins. After independent testing, it turned out the packaging was a counterfeit label that did not actually depict a child brand, and there were no cartoon imprints. We successfully had the HB 1359 enhancement dismissed, reducing the case to standard trafficking with far lower penalties.
Without a careful review of the evidence, that client could have faced 25 years to life.
Why a Private Attorney Is Critical
Prosecutors are eager to apply HB 1359 because it allows them to seek long sentences and appear tough on fentanyl. A private attorney can:
- Hire independent forensic labs to test the drugs.
- Challenge whether the drug truly met the "candy-like" criteria.
- Attack the prosecution's evidence of knowledge and intent.
- Negotiate reductions to avoid mandatory life-level sentences.
Without strong defense, a defendant risks being treated as if they deliberately targeted children even when that was not the case.
The Bigger Picture
HB 1359 reflects Florida's zero-tolerance approach to fentanyl crimes. While the intention may be to protect children, the law casts a wide net and exposes many defendants to sentences that do not fit the circumstances.
The only way to fight these charges is through aggressive defense, challenging every piece of evidence, and ensuring the state is held to its burden of proof.
FAQs About Selling Fentanyl to Minors in Florida Under HB 1359
What is Florida HB 1359?
HB 1359 is a Florida law that took effect on October 1, 2023. It created enhanced penalties for selling or delivering fentanyl to a minor when the drug resembles candy, vitamins, gummies, gum, or has cartoon or trademarked branding. Lawmakers passed it to stop what they saw as an effort by traffickers to target children with "kid-friendly" fentanyl products.
What are the penalties under HB 1359?
Anyone 18 or older convicted under HB 1359 faces:
- Mandatory 25 years to life in prison
- $1 million fine
- Conviction of a first-degree felony
The mandatory minimum cannot be reduced by a judge unless the prosecution agrees. This means the only way to avoid the 25-year minimum is to beat the charge or secure a reduced plea through defense negotiations.
Does HB 1359 only apply if fentanyl was sold directly to a child?
Yes. The statute specifically applies when fentanyl or its analogues are sold or delivered to a minor. However, the "appearance" of the drug is what makes this law unique. If the fentanyl resembles candy or has cartoon-like branding, prosecutors can pursue this enhanced penalty. Even if the defendant did not intend to sell to children, the law may still apply if the drugs meet the appearance criteria.
How does the state prove fentanyl was disguised as candy?
Prosecutors typically rely on the drug's packaging or physical characteristics. Examples include:
- Brightly colored pills resembling candy.
- Gummies or chewable products laced with fentanyl.
- Pills or packaging with cartoon characters, logos, or counterfeit trademarks.
- The defense can challenge whether the product truly meets these standards. Just because a pill is colorful does not necessarily mean it qualifies under HB 1359.
Can someone be charged under HB 1359 if they didn't know the drug's appearance?
The statute requires knowledge. That means the prosecution must prove the defendant knowingly sold fentanyl in a form resembling candy, vitamins, or branded products. If the seller did not know how the drug looked, or believed it was packaged differently, the defense can challenge this element.
Can the mandatory 25-year sentence be reduced?
Judges cannot reduce the mandatory minimum sentence on their own. The only way around it is if the prosecution agrees to waive the mandatory minimum, usually as part of a plea deal or cooperation agreement. This makes it essential for defendants to have an attorney who can negotiate effectively with prosecutors.
What defenses are available for HB 1359 charges?
Defenses may include:
- The substance was not fentanyl or an analogue (lab testing errors).
- The fentanyl did not have the required "candy-like" appearance.
- The defendant did not know the substance's true composition or appearance.
- The drugs were found in an unlawful search or seizure.
- Chain of custody issues that undermine the reliability of evidence.
A defense attorney may also negotiate to reduce charges to standard trafficking if the enhancement cannot be proven.
Why is HB 1359 considered controversial?
Critics argue the law goes too far by imposing life-level penalties even in cases where no child was actually harmed. The broad language means prosecutors can apply it in situations where defendants never intended to sell drugs to minors. As a result, some defendants may face harsher penalties than the facts justify.
Why is it critical to hire a private attorney in HB 1359 cases?
HB 1359 carries one of the harshest mandatory minimums in Florida law. Public defenders often handle hundreds of cases and may not have the resources to fight forensic evidence, challenge drug appearance classifications, or negotiate aggressively with prosecutors. A private attorney can devote time, hire independent labs, and explore every possible defense to avoid mandatory life-level sentencing.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been accused of selling fentanyl to a minor or facing charges under HB 1359, your freedom and future are on the line. These cases carry mandatory 25 years to life in prison and a $1 million fine.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.