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Possession with Intent to Sell 

Any type of drug possession charge in Florida is significant, but alleged offenders can face another level of scrutiny when they are accused of also having the intent to sell or distribute a controlled substance. Prosecutors understand that judges and juries believe drug dealers are thought to be enormous dangers to their communities and this perception is used to seek the harshest possible sentences.

Additionally, the specific location that an alleged offender was arrested can be an aggravating factor that results in enhanced criminal charges. In many cases, these crimes are classified as felonies that may be punishable by several years in prison as well as thousands of dollars in fines.

Palm Shores Possession with Intent to Sell Lawyer

Have you been arrested for possession of an illegal drug that police or prosecutors claim you had the intent to sell, manufacture, or deliver? You should waste no time in seeking experienced legal counsel.

The Brevard County possession with intent to sell attorney at The Law Offices of James B. Coulter defend clients throughout the greater Melbourne area and out-of-state visitors who were charged with this crime while visiting Central Florida. We will provide a complete review of your case as soon as you call (321) 586-9944 to schedule a free, confidential consultation.


Brevard County Possession with Intent to Sell Information Center


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Possession with Intent to Sell Charges in Florida

Florida law does not establish a clear definition of what drug amount or activity involving possession of a controlled substance constitutes an alleged offender having the intent to sell. Florida Statute § 893.13(1)(a) simply states “a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver a controlled substance.”

Intent to sell is often at the discretion of police officers and prosecutors. Some of the factors that they might use to justify these charges include, but are not limited to:

  • Alleged offender possessed a large amount of cash;
  • Alleged offender possessed certain paraphernalia such as scales;
  • Alleged offender possessed firearms or weapons;
  • Alleged offender was arrested while attempting to sell the controlled substance;
  • Amount of the controlled substance was larger than what is normally associated with personal use; or
  • Controlled substance was divided into several smaller bags, packages, or other storage containers.

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When Possession with Intent to Sell in Brevard County Becomes Trafficking

While there is no set weights or amounts that differentiate simple possession charges from intent to sell, manufacture or deliver, Florida does have minimum amounts of illegal drugs that trigger trafficking charges. Thus, the following thresholds are the maximum amounts for certain drugs that a person can allegedly possess in Florida before an intent to sell charge becomes trafficking:

  • 1,4-Butanediol, Gamma-Hydroxybutyric Acid (GHB), or Gamma-Butyrolactone (GBL) — Up to 1 kilogram.
  • 3,4-methylenedioxymethamphetamine (MDMA or ecstasy) or other select Schedule I controlled substances — Up to 10 grams.
  • Amphetamine, Methamphetamine, or other chemicals and equipment utilized in the manufacture of Amphetamine or Methamphetamine — Up to 14 grams.
  • Cannabis — Up to 25 pounds or 300 cannabis plants.
  • Cocaine or Phencyclidine — Up to 28 grams.
  • Heroin, Morphine, Opium, Hydromorphone, Flunitrazepam, or Hydrocodone— Up to 4 grams.
  • Lysergic Acid Diethylamide (LSD) — Up to 1 gram.
  • Methaqualone — Up to 200 grams.
  • Oxycodone —Up to 4 grams.

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Florida Possession with Intent to Sell Penalties

The classifications of intent to sell offenses depend on a few factors. The main factor is what drug schedule the controlled substance itself is classified under. Florida Statute § 893.13(1)(a) provides three different levels of criminal charges for possession with intent to sell, manufacture, or deliver:

  • Schedule V substances is a first-degree misdemeanor punishable by a maximum sentence of one year in jail and/or a maximum fine of $1,000.
  • Schedules III, IV, or certain Schedule II substances are third-degree felony offenses punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000.
  • Schedule I or certain Schedule II substances are second-degree felony offenses punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000.

Additionally, there are numerous specific locations listed in Florida Statute § 893.13 for which an alleged offender can face enhanced charges (up to a first-degree felony punishable by a maximum sentence of 30 years in prison and/or a maximum fine of $10,000) if he or she allegedly possesses with intent to sell, manufacture, or deliver a controlled substance. These locations include being in, on, or within 1,000 feet of the real property comprising the following:

  • A child care facility;
  • A community center;
  • A convenience business;
  • A physical place for worship at which a church or religious organization regularly conducts religious services;
  • A public housing facility;
  • A public or private college, university, or other postsecondary educational institution;
  • A public or private elementary, middle, or secondary school (between the hours of 6 a.m. and midnight);
  • A publicly owned recreational facility;
  • A state, county, or municipal park; or
  • An assisted living facility.

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Finding A Possession with Intent to Sell Lawyer in Cocoa

If you are facing criminal charges of possessing an illegal drug with the intent to sell, manufacture or deliver it in Florida, you will want to have legal representation fighting to protect your rights in court. The The Law Offices of James B. Coulter has years of experience both prosecuting and defending these cases, which means that we know exactly what police errors to look for during a thorough investigation of the case.

The The Law Offices of James B. Coulter provides the most formidable defense for clients in and around Cocoa Beach as well as out-of-state tourists who were arrested while visiting Central Florida. You can have our Brevard County possession with intent to sell attorney provides a complete evaluation of your case by calling (321) 586-9944 right now to take advantage of a free, no obligation consultation.

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Law Offices of James B. Coulter
1402 Highway A1A, Ste A Satellite Beach , FL 32937
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American Bar Association
Florida Justice Association
Phi Alpha Delta Law Fraternity
Brevard County Bar Association


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American Institute of Criminal Law Attorneys 10 Best 2015
The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
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