Possession with Intent to Sell is commonly called drug dealing or selling drugs and is defined in Florida statute 893.13, which states that it is “unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” The narcotics that are most commony prosecuted in South Florida are cocaine, ecstasy (MDMA), heroin, LSD, marijuana, methamphetamines, and unauthorized prescription medications, like Xanax (Alprazolam), Oxycodone (Roxicodone) and Vicodin.
Drug sales occur when an officer or witness actually witnesses a drug transaction and money exchange between two or more people. In contrast, possession with intent can be shown by proving that because of the quantity of the drugs (along with how the drugs are packaged), the amount of cash on the person, any weight scales or measuring device and other items that can be used to prove that a person is in the drug business and was intending to perform a drug sale but did not have the opportunity to actually complete the sale.
Selling marijuana or possessing marijuana with intent to sell is normally a third degree felony punishable by up to five (5) years in state prison.
Selling cocaine or possessing cocaine with intent to sell is normally a second degree felony punishable by up to fifteen (15) years in state prison.
Other narcotics like ecstasy (MDMA), LSD, heroin and methamphetamines, to name a few, are also second degree felonies punishable by up to fifteen years in state prison. Prescription drug sales are also second degree felonies.
However, if a person is charged with selling drugs or possessing with intent to sell within 200 feet of a university, public housing facility, or public park, or within 1,000 feet of a property used for religious services the person will be facing enhanced penalties. Mandatory prison sentences attach to sales that occur within 1,000 feet of a school or child care facility. For example:
Selling marijuana now becomes a second degree felony instead of a third degree felony.
Selling cocaine or possessing with intent to sell now becomes a first degree felony punishable by up to thirty (30) years in state prison. Additionally, selling cocaine within 1,000 feet of a school carries a mandatory minimum sentence of three (3) years in state prison.
Miami attorney Antonio Jimenez attacks these cases relentlessly. As a former prosecutor he understands the intricacies of selling drugs and how cops prove possession with intent. These cases rely on the testimony of the cops and any witnesses, and as an experienced criminal defense attorney he attacks their testimony to uncover the holes in their case.
If you are a loved one is facing a serious drug charge and is being accused of selling drugs or possessing with intent to sell, contact Antonio Jimenez today for a free confidential consultation.