Anyone who agrees, consents, or offers to sell any counterfeit drug included in schedules I, II, III and IV of the Florida Drug Act commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine. Anyone who agrees, consents, or offers to sell to any counterfeit drug included in schedule V or the Florida Drug Act commits a second-degree misdemeanor punishable by 60 days in jail and a $500.00.