Possession with Intent to Sell

Possession with Intent to Sell

Drug charges can have a serious impact on your life, especially possession with intent to sell charges. Florida law enforcement agencies have been cracking down on the use of illegal drugs, and anyone suspected of planning to deal drugs could face serious consequences. The charges for possession with intent to sell often carry more severe penalties than a mere drug possession charge.

If you have been charged with possession of drugs with intent to sell in Florida, a conviction can be very harsh, and include prison time, hefty fines or both. This offense can be charged as a federal offense or a Florida state offense. In some cases, it could be tried in both jurisdictions. This allegation also is commonly associated with manufacturing, trafficking or importing drugs.

Tallahassee Possession with Intent to Sell Defense Lawyer

If you have been charged with possession with intent to sell in Leon County, it is important to hire an attorney who is knowledgeable and experienced with narcotics crimes. The attorneys at Pumphrey Law will attempt to formulate a defense or mitigating circumstances for the particular facts of your case.

The team at Pumphrey Law has years of experience on both sides of the law. The attorneys understand the seriousness of a drug charge and will work to ensure your rights are represented. The Tallahassee criminal lawyers will handle your case with care and guide you through each step of the legal process.

Pumphrey Law represents clients throughout Tallahassee, Monticello, Quincy, Bristol and nearby areas. Call (850) 681-7777 for a free consultation and to learn more about your legal options.


Information About Possession with Intent to Sell


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Charges for Selling Drugs in Florida

In Florida it is illegal to be in actual or constructive possession of a controlled substance, according to Florida Statutes Annotated § 893.13. Actual possession means the substance or substances were found on the suspect, such as in his or her hand or in a clothing pocket. Constructive possession means it was in the suspect's control, including in a car. This possession is much harder to prove.

Controlled substances under the Florida Statutes Annotated § 893.03 include:

  • Methamphetamines (Meth)
  • Xanax
  • Cocaine
  • Synthetic Drugs
  • Adderall
  • Heroin
  • OxyContin
  • Ecstasy
  • LSD (Acid)

The difference between being charged with possession with intent to sell instead of a charge for possession of a controlled substance is very small. Penalties for possession with intent to sell are much more severe. Some examples of factors that will increase your chances of being charged with possession with intent to sell are:

  • Large quantities of the controlled substance
  • Presence of packaging or paraphernalia for the controlled substance, such as baggies or scales
  • How the substances were packaged
  • Admitting you were selling the drugs to others
  • Presence of large amount of cash or weapons

In some instances, the charge could be increased to drug trafficking if the controlled substances are sold either across state borders, throughout the state or from a foreign country into Florida. This could be a federal offense with harsh consequences.


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Penalties for Possession with Intent to Sell

Florida’s Comprehensive Drug Abuse Prevention and Control Act outlines the penalties for possessing controlled substances with intent to sell in Florida based on the schedule of the narcotic involved in the crime.

A conviction for possession with intent to sell certain drugs defined in Schedule I or II is a felony of the second degree. Potential punishments could include up to 15 years in Florida state prison, fines up to $10,000 or both.

Possession with intent to sell any schedule III or IV controlled substances and certain Schedule I or II substances is a felony of the third degree. This felony can lead to Florida prison time of five years or less, fines up to $5,000 or both.

If someone is found guilty of possession with intent to sell any controlled substance defined in Schedule V, they could be convicted of a misdemeanor of the first degree. This conviction can include jail time up to one year, fines up to $1,000 or both.


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Federal Charges and Penalties for Possession with Intent to Sell

It is a federal offense to possess a controlled substance with the intent to distribute or dispense under the federal Controlled Substances Act. Felony charges often are much more severe than those on the state level. Penalties for this offense can include a variety of punishments, depending on the controlled substance. According to 21 U.S.C. § 841, potential punishments can include:

  • Ten years to life in federal prison, if no prior convictions
  • Twenty years to life in federal prison, if death or serious bodily injury results from the charge
  • Life imprisonment in federal prison without parole, if two or more prior convictions
  • Individual fines up to $8,000,000
  • Fines, if not an individual, up to $20,000,000

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Factors to Reduce a Possession with Intent to Sell Charge

If the state prosecutor is unable to prove you had large quantities of a banned substance, any type of packaging to indicate you were planning to sell the controlled substances to someone else or you did not admit you were selling the drugs to other individuals, it will be more difficult for the prosecutor to charge you with possession with intent to sell, as opposed to simple possession.

Other circumstantial evidence that will make it more difficult for the prosecutor to charge you with this offense instead of simple possession include guns or excessive cash in the presence of the drugs.


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Finding A Drug Lawyer in Tallahassee

If you have been charged with possession with intent to sell in Tallahassee, contact Pumphrey Law to discuss the facts of your particular case. An experienced drug lawyer in Leon County can help you achieve the best possible outcome in your case. Call us at (850) 681-7777 for a consultation about your charges.

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Don Pumphrey Jr.
Donald Pumphrey Jr.

Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.

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