Definition of Possession with intent to Sell or Deliver Drugs
According to Florida Statute 893.13(1)(a), it’s illegal for anyone to sell, manufacture, deliver, or possess with the intent to sell, manufacture, or deliver, a controlled substance.
Overview
If you are facing a possession with intent to sell or deliver drugs charge in Florida, you need an experienced lawyer. According to Florida Statute 893.13(1)(a), it is illegal for any person to sell, manufacture, deliver, or possess with the intent to sell, manufacture, or deliver, a controlled substance. Florida has six different schedules of controlled substances. Florida law categorizes controlled substances based on how addictive and dangerous they are for users.
Penalties for Possession with Intent to Sell or Deliver Drugs in Florida
When prosecutors bring charges for possession with intent to sell or deliver drugs for a Schedule I drug, the defendant will face felony charges. The following drugs can result in a felony charge:
- Cannabis
- Cocaine
- Fentanyl
- Meth / Methamphetamine
- Heroin
- MDMA
- Methylenedioxymethcathinone (bath salts)
Penalties for Cocaine, Heroin, and Oxycodone
In Florida, defendants who are charged with distributing, or delivering cocaine, heroin, or oxycodone have been charged with a felony in the second degree. They will face imprisonment of no more than 15 years as well as a fine of $10,000 or less. If the defendant has other felony charges on your criminal record, he or she will face more severe penalties.
Penalties for Bath Salts, Ecstasy, and Marijuana
Possession with the intent to sell or deliver the following drugs is a felony of the third degree:
- methylenedioxymethcathinone (bath salts, flakka, gravel)
- methylenedioxymethamphetamine (MDMA, ecstasy, molly)
Those who are convicted of a felony in the third degree face prison sentences of up to five years, 5 years of probation and a fine of up to $5,000.
Why You Need an Experienced Criminal Defense Lawyer
People charged with possession with intent to sell or deliver in Florida face serious possible legal consequences, including jail and prison time, probation, a criminal record and fines. Several routes can often lead to a positive outcome for the accused. If you have been charged with the possession of illegal or prescription drugs with the intent to sell them, we question the facts of your arrest and case, along with police procedures, in order to pursue a reduction or dismissal of charges. We will challenge the government witnesses and discover the details of the case including:
- Questioning whether the original search was legal
- Questioning whether statements from witnesses and the accused were obtained legally
- Filing motions to suppress evidence
- Questioning whether the suspect was illegally detained
- Using the facts of the case and legal arguments to challenge for a reduction of charges
- Does drug preparation or packaging really indicate an intent to sell?
- How did the officer find the drugs?
- How is the state establishing dominion and control of the drug, i.e., did the drugs really belong to you?
- Do baggies, notebooks, a ledger, drug quantities and other circumstantial evidence truly point to an intent to sell?
- How reliable are witnesses?
Some of the Potential Defenses Include
- Mere proximity to the controlled substance does not establish possession
- Temporary possession
- Knowledge is required. In actual possession the knowledge is presumed however in constructive cases the knowledge of the controlled substance is not presumed.
- Entrapment
- Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search of your vehicle or an unlawful search of your pockets.
These and other defense tactics are best handled by experienced criminal defense attorneys.
Florida drug charges are complicated. The sentence you will face depends on the type of drug involved, how much of the drug you possessed, and other surrounding circumstances. It is important to hire a lawyer who knows how to fight hard for your rights. At Moses & Rooth, we have extensive experience fighting for the rights of our clients. Contact us today to schedule your free initial consultation.
Resources for Possession with Intent to Sell and Deliver
Florida Statute 893.13(1)(a) – Possession with intent to Sell and Deliver Statute
Florida Statute §893.13(6)(a) – Possession of controlled substance statute
Florida Statute 322.055 – driver’s license suspension for drug conviction
Florida Statute 893.21 – overdose possession
Florida Statute 777.201 – Entrapment Statute