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Possession of Marijuana: Intent to Sell

DaytonaDefense.com March 7, 2022

marijuana joint closeupIn the state of Florida, a person may be arrested and charged with marijuana possession with intent to sell for having a quantity of marijuana more than a reasonable amount meant for personal consumption in their care. Unfortunately, a drug crime conviction can be devastating and can result in immediate and life-long ramifications to your quality of life, personal reputation, liberty, and future opportunities. With everything in your life and future on the line, it is natural to feel scared and confused.

If you have been arrested or indicted with marijuana possession with intent to sell, you need to retain a highly-skilled Florida criminal defense attorney immediately to help strategize your defense. At DaytonaDefense.com, our team provides comprehensive legal guidance and reliable representation to clients in drug crimes cases. Our skilled attorney can defend your legal rights and help pursue the most favorable outcome for your unique situation.

DaytonaDefense.com proudly represents clients throughout Daytona Beach, New Smyrna Beach, DeLand, Palm Coast, Port Orange, Flagler County, and Volusia County, Florida.

Understanding Florida Drug Possession Laws

Without a valid prescription, possession of a controlled substance is considered illegal in Florida. Unlike some other states, cannabis is also illegal for recreational use in Florida. Depending on the quantity of marijuana or any other controlled substance found in your possession, you may be facing severe penalties.

What Exactly Is ‘Possession With Intent To Sell’?

Possession with intent to sell occurs when a person has a sheer quantity of controlled substance in their possession that is considerably more than a reasonable amount meant for personal consumption.

Possession with Intent to Sell Charges

According to Florida Statutes Section 893.13(1)(a), it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cocaine or cannabis. The crime may be charged as a second-degree felony or third-degree felony depending on the substance involved.

Furthermore, possession of marijuana with intent to sell is a third-degree felony. To prove possession of marijuana with intent to sell, manufacture, or deliver, the prosecutor must establish that:

  • The defendant possessed a specific substance with the intent to sell, manufacture, or deliver the substance

  • The substance was a controlled substance recognized under Florida Statutes

  • The defendant knew about the substance

If you or someone you know is facing marijuana possession with intent to sell charges, you must retain a knowledgeable criminal defense attorney right away. Your lawyer can enlighten you about the possible punishment and determine your best defenses.

Possible Penalties

In Florida, drug offenses – including intent to sell, manufacture, or deliver – usually carry devastating and potentially life-altering implications with them. Since marijuana is classified as a Schedule I controlled substance, being convicted of marijuana possession with intent to sell could result in any of the following penalties and consequences:

  • Imprisonment (ranging from months or years)

  • Massive fines

  • A criminal record/history

  • Increased difficulty in securing housing, employment, or public benefits

  • Loss of your rights to own or possess a firearm

  • Loss of voting rights

  • Increased difficulty traveling to other countries

  • Ineligibility for certain financial loans

A highly-skilled drug crimes defense attorney can explore your available defenses.

Possible Marijuana Possession Defenses

Depending on the surrounding circumstances, your defense attorney may fight your charges using any of the following defenses:

  • The drugs were planted

  • Medical marijuana exception

  • The drugs belong to someone else

  • Illegal search and seizure

  • The accused is a victim of entrapment

  • Crime lab analysis is required to prove the alleged illicit substance is indeed a drug

  • Inability to prove the offense beyond a reasonable doubt.

An experienced criminal defense attorney can investigate all the surrounding facts of your personal situation, enlighten you about the following steps to take, and craft an effective defense strategy to help dispute your allegations.

Steps You Should Take

Facing marijuana possession with intent to sell charges in Florida can be overwhelming. However, knowing the right things to do or avoid is essential to ensure that you do not end up in the worst possible situation. Therefore, when facing drug crimes charges, you should take the following steps, where possible:

  • Try to stay calm as much as possible

  • Do not discuss anything with the arresting officer

  • Hire a skilled lawyer for proper guidance and effective representation

  • Understand the nature of your drug crime charges

  • Know the potential penalties and consequences

  • Seek treatment or enroll in a drug rehab program, if possible

Even if you believe you’re innocent or the allegations are false, it is never advisable to face your drug crimes or marijuana possession charges on your own. You need to hire a knowledgeable criminal defense lawyer to help defend your legal rights and determine the best defense for your unique circumstances.

Work With an Experienced Marijuana Possession Defense Attorney

The ramifications of a drug crime conviction can be far-reaching. If convicted, you could be facing hefty fines, lengthy jail time, a criminal record, and other life-changing ramifications. With your quality of life and future at stake, it is never advisable to defend your allegations or navigate the criminal justice system without experienced representation. Therefore, retaining an aggressive criminal defense attorney is paramount to protect your legal rights and help build your defense strategy.

At DaytonaDefense.com, our attorney has devoted a career to handling criminal cases and protecting individuals facing marijuana possession allegations against the worst-case scenarios. As your legal counsel, we will investigate all of the facts of your case and outline a strong defense strategy to help fight your charges. Using in-depth legal understanding, our skilled team can help you navigate the Florida criminal justice system and represent you vigorously at every stage of the legal proceedings.

The burden of a marijuana possession allegation can be overwhelming. Contact DaytonaDefense.com today to schedule a simple case assessment with our skilled marijuana possession defense attorney. Our trusted team has the detailed legal guidance and vigorous representation you need in your case. We’re proud to represent clients across Daytona Beach, New Smyrna Beach, DeLand, Palm Coast, Port Orange, Flagler County, and Volusia County, Florida.