Possession with Intent to Sell

Possession with intent refers to the criminal charge of possession of an illegal substance with the intent of selling the drug and/or controlled substance. Controlled substances include, but are not limited to, marijuana/cannabis, cocaine, heroin, methamphetamines, and unauthorized prescription medications.

Penalties for Possession with Intent to Sell are severe. For example, Possession of Cocaine with Intent to Sell is a second degree felony in Florida and is punishable by up to fifteen (15) years in prison. Possession of Marijuana/Cannabis with Intent to Sell is a third degree felony in Florida and is punishable by up to five (5) years in prison. Because any possession with intent to sell charge is a serious felony offense, it is important to hire a skilled attorney to help defend your case. The criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. understand the consequences of a criminal charge and do all they can to protect their clients.

When law enforcement suspects that a person has committed the crime of Possession With Intent to Sell/Manufacture/Deliver, they are not required to prove that the person actually sold drugs. Instead, they are required to prove that the person “intended” to sell the drugs that they had in their possession. Some of the factors that law enforcement will examine to determine what charge is appropriate are:

  • The amount of drugs in a person’s possession;
  • The amount of cash in a person’s possession;
  • How the drugs are packaged
  • Where the offense took place (are drug transactions prevalent in that area)

It is important to recognize that law enforcement may allege that possession of even small amounts of drugs were with the intent to sell or deliver said drugs. Also, if any of the factors mentioned above are not present, there may be circumstantial evidence that the possession was with the intent to sell or deliver. A conviction for Possession with Intent to Sell can have serious consequences when qualifying for student loans/financial aid, obtaining employment, and obtaining housing.