Understanding “Intent to Sell” in Florida

July 17, 2023 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida takes the possession of controlled substances extremely seriously, with specific laws and penalties in place for those who are caught with unlawful substances in their possession. However, understanding the legal nuances between the differing drug charges can make a difference in determining the severity of penalties a defendant may face.

While a simple possession charge refers to having illicit drugs or substances for personal use, possession with the intent to sell involves an additional element: the intent to distribute the drugs to others. This distinction can significantly impact the drug charges, potential penalties, and subsequent defense strategies.

Any person facing criminal prosecution for drug possession in Florida should consider contacting a defense attorney. The defense attorneys with Pumphrey Law Firm are experienced in drug-related cases and understand Florida’s complex drug laws. Let our team help clear your name and save your future by fighting to get your charges reduced or dismissed.

Tallahassee Controlled Substances Defense Attorney

Have you recently been accused of possessing a controlled substance with the intent to sell? If so, prioritize seeking out legal representation from an experienced defense attorney. Getting charged with the additional “intent to sell” aspect can result in harsher penalties if you are convicted. The defense attorneys at Pumphrey Law Firm can help defend your case and work towards getting the charges lessened or dismissed. Call us today for a free consultation at (850) 681-7777 or leave us an online message.

Florida Drug Laws

The State of Florida has varying drug laws relating to the possession, sale, distribution, and manufacturing of controlled substances. These charges include:

• Possession of a Controlled Substance
• Possession of Drug Paraphernalia
• Possession with the Intent to Sell, Manufacture, or Distribute
• Drug Trafficking

Simple Possession vs Possession with the Intent to Sell

Simple possession refers to the act of knowingly and unlawfully possessing a controlled substance for personal use. Possession with the intent to sell refers to the act of possessing a controlled substance with the intent to sell, manufacture, or distribute to others.

A defendant may be charged with simple possession in instances such as a police officer finding marijuana in their vehicle during a traffic stop.

A defendant may be charged with possession with the intent to sell in instances such as police officers finding a large stash of marijuana in a person’s home, along with the presence of scales, measuring bags, and large stashes of cash.

Simple possession is considered a lesser offense, but can still result in expensive fines, probation, mandatory drug treatment programs, and the possibility of imprisonment.

Possession with the intent to sell is a more serious offense because it implies providing others with controlled substances. The penalties for this charge are more severe, and if convicted a defendant may face significant fines, probation, lengthy prison sentences, and a permanent criminal record. The severity of the penalties will be based on the type and quantity of the controlled substance in the defendant’s possession.

Elements of Possession with the Intent to Sell

For the State to prove the defendant is guilty of possession with the intent to sell, deliver, or manufacture a controlled substance, they must prove the following elements beyond a reasonable doubt:

1. The defendant had a specific substance in their possession with the intent to either sell, manufacture, or delivery such substance;
2. The substance was considered a controlled substance defined under Florida Statute Section 893.03; and
3. The defendant understood that the controlled substance in their possession was unlawful.

Important: The State is not required to prove that the defendant had delivered the controlled substance to anyone. Finding a large quantity of any controlled substance in a defendant’s house or car is sufficient to charge them with possession with the intent to sell. That means a police officer can add an alleged “intent to sell” to a simple possession charge to extract a harsher penalty if the defendant is convicted.

Factors Considered in Determining Intent to Sell

If the State plans to provide the defendant with an enhanced charge for possession with the intent to sell, they can try to use any of the following evidentiary factors to establish a guilty verdict:

• Quantity of controlled substance(s)
• Packaging and Paraphernalia
• Presence of scales or other measuring tools
• Large amounts of cash or transaction records
• Presence of weapons or firearms
• Witness testimony or surveillance evidence

Circumstantial evidence plays a crucial role in proving intent in drug-related cases. These factors can help determine a defendant’s state of mind and the presence of an intent to sell or distribute controlled substances. Additionally, a defense attorney can help by challenging the prosecution’s interpretation of the circumstantial evidence provided by the prosecution. Contact a Tallahassee defense attorney to discuss your case details and start strategizing a defense plan.

Penalties for Possession with the Intent to Sell

Under Florida Statute Section 893.13, the penalties for possessing a controlled substance with the intent to sell is considered a felony offense. The exact penalties will be dependent on the type and quantity of the controlled substance in the defendant’s possession.

Typically, possession of a controlled substance with the intent to sell is either classified as a second-degree or third-degree felony.

For example, possession of cannabis with the intent to sell, manufacture, or deliver is charged as a third-degree felony. The penalties for a third-degree felony include:

• Up to $5,000 in fines
• Up to five years in prison

Possession of cocaine with the intent to sell, manufacture, or deliver is charged as a second-degree felony. The penalties for a second-degree felony include:

• Up to $10,000 in fines
• Up to 15 years in prison

Important: If a defendant is found with a controlled substance in their possession that meets or exceeds a certain amount, they may face a more severe charge for drug trafficking.

Quantity Thresholds for Drug Trafficking 

For the State to charge a defendant with drug trafficking, it implies they possessed a controlled substance that either meets or exceeds the following amounts:

• Marijuana (cannabis) – 25lbs or 300 cannabis plants
• Cocaine – 28 grams
• Fentanyl – 4 grams
• Amphetamine – 14 grams
• Hydrocodone – 4 grams
• Oxycodone – 4 grams
• Morphine – 4 grams
• GHB (Date rape drug) – 1 kilogram
• Lysergic Acid (LSD) – 1 gram

Important: Getting charged with drug trafficking differs from possession with the intent to sell. These thresholds exist to define the minimum amount necessary in a defendant’s possession to be charged with a drug trafficking offense. Unlike in a possession with the intent to sell case, any defendant who meets or exceeds the drug trafficking threshold does not have to have intent proven. 

Contact Pumphrey Law Firm if you or someone you know has been accused of drug trafficking in Florida.

How to Defend a Possession with the Intent to Sell Charge

It is important to note that just as each possession with intent charge will differ in its specific details and circumstances, so will the potential defenses. Even if you have already been arrested and charged with a drug crime, you can still fight to have the charges lessened or dismissed with the help of a Tallahassee defense attorney. When you trust Pumphrey Law Firm to defend your case, we can help with the following:

• Challenge the evidence of intent to sell;
• Attack circumstantial evidence;
• Question witness testimony and credibility;
• Challenge search and seizure procedures;
• Seek alternative resolutions such as a diversion program; and
• Review options such as drug rehabilitation.

Call Pumphrey Law today at (850) 681-7777 to receive a free consultation regarding your case.

Contact a Tallahassee Defense Attorney

The state of Florida is known for harshly prosecuting those who have been accused of drug offenses. Even if it is your first offense, a conviction could result in spending years in prison, paying expensive fines, attending drug rehabilitation, or all the above. A defense attorney can help you by strategizing a defense plan to get your charges dropped or reduced.

If it’s aggressive criminal defense you’re after, look no further. The defense attorneys at Pumphrey Law Firm have years of experience working on drug-related crimes. We take on the complex and nuanced legal field for you while making sure none of your rights are violated in the process. To receive a free consultation, contact our office today at (850) 681-7777 or leave an online message on our website.

Written by Karissa Key

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