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Possession with the Intent to Distribute

Possession with Intent to Sell/Manufacture/Deliver is a drug crime that refers to the possession of an illegal narcotic with intention of selling or dealing the narcotic to a third party. Florida Statute 893.13 makes it illegal to possess any controlled substance with the intent to sell, manufacture or deliver it.

It does not define what indicates possession with the intent to sell as opposed to simple possession, so it’s up to prosecutors to prove that. Factors they may look to include are:

  • The amount possessed
  • The way the narcotics are packaged (i.e. if they are in several small baggies, it may indicate intent to sell)
  • The presence of paraphernalia, like scales
  • The presence of large amounts of cash
  • Your behavior and circumstances surrounding arrest (i.e. an undercover officer alleges you attempted to sell him or her drugs)

Potential Penalties

The penalties and punishments for possession with intent to sell in Florida are listed in Fla. Stat. § 775.082, 775.083 and 775.084. Although the following penalties are the suggested statutory penalties for this drug offense, they can increase depending on the type and amount of substance, whether a weapon was present or used in the commission of the offense, where the substance was sold and/or whether the alleged offender has a previous criminal history.

  • A conviction for possession with intent to sell a substance in Schedule I and some Schedule II substances can result in a felony of the second degree, which is punishable by a prison sentence up to 15 years and/or a fine not more than $10,000.
  • A conviction for possession with intent to sell a substance in Schedule III, Schedule IV and some Schedule II substances can result in a felony of the third degree, which is punishable by a prison sentence up to five years and/or a fine not more than $5,000.
  • A conviction for possession with intent to sell a substance in Schedule V can result in a misdemeanor of the first degree, which is punishable by a jail sentence up to one year and/or a fine not more than $1,000.

Generally, drug offenses involving Schedule I substances result in the harshest penalties while substances from Schedule V result in less serious punishments. For example, if an individual commits a possession with intent to sell offense involving heroin, they could receive a longer prison sentence and higher fine than a possession with intent to sell offense involving Xanax.

If you, a loved one or friend has been charged with a drug crime in Florida, contact the experienced drug crime defense attorneys of Kopelousos, Bradley & Garrison, P.A. at 904.269.1111 for a free consultation. It is essential that you have that attorney with you during any interrogation and throughout each step of the legal process. We’re ready to discuss the facts of your particular situation and begin building your defense.