Drug Possession with Intent to Sell

St. Petersburg Drug Possession with Intent to Sell Lawyer

If you have been arrested for Drug Possession with Intent to Sell in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Defense Attorney, for specific information about defending Drug Possession with Intent to Sell cases.

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What is Drug Possession with Intent to Sell:

Drug possession with intent to sell can involve almost any type of substance and is a very broad criminal offense. The most common substances found in possession with intent to sell crimes in Florida can include prescription medications, medications without prescriptions, codeine, Hydrocodone, methamphetamines, street drugs, chemicals, heroin, naturally growing substances, cocaine and other controlled substances.

Definition of Possession in Florida

In order to be convicted of drug possession with intent to sell in Florida, the prosecution must prove beyond a reasonable doubt the alleged offender had either constructive or actual possession of the substance. If they are unable to prove this, the drug charges may be reduced to a lesser offense or even dismissed.

Actual possession involves having actual, physical control of the substance. Actual possession involves having the substance on the alleged offender’s person or body. Actual possession can also involve possessing an item in a purse or wallet on the individual’s body or in the pocket of clothing they are wearing.

Constructive possession is typically harder for the prosecution to prove and usually involves the three following elements:

• The alleged offender was aware of the presence of the substance;
• The alleged offender knew the substance was in fact an illegal controlled substance; and
• The alleged offender had the intent to take actual control of the substance and they were able to take control.

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Florida Law on Drug Possession with Intent to Sell:

According to Fla. Stat. § 893.13, an individual can be charged with possession with intent to sell if they possess any controlled substance as defined in the Florida Comprehensive Drug Abuse Prevention and Control Act.

Controlled substances in the Drug Abuse Prevention and Control Act are classified into five schedules ranging from substances with most potential for abuse with little or no known medical purpose (Schedule I) to substances with the least potential for abuse and commonly used medical purposes (Schedule V). According to Fla. Stat. § 893.03, the various schedules are defined as follows:

• Schedule I – Substances in this schedule have the highest potential for abuse and no accepted medical purpose in the United States. Examples of substances in Schedule I can include heroin, magic mushrooms, MDMA, ecstasy and LSD.
• Schedule II – Substances in this schedule have a high potential for abuse, but some accepted medical purpose. Substances in Schedule II can include methamphetamines (meth), cocaine, opium, hydrocodone and codeine.
• Schedule III – Substances in this schedule have a lower potential for abuse than substances in Schedules I or II and have commonly used medical applications in the United States. An example of a substance in Schedule III can include steroids.
• Schedule IV – Substances in this schedule have a lower likelihood of abuse than Schedule III substances and are commonly used for medical purposes in the United States. Examples of substances in Schedule IV can include Valium and Xanax.
• Schedule V – Substances in this schedule have the lowest potential for abuse and have commonly used medical applications in the United States. Examples of substances in Schedule V can include stimulants and narcotics not listed in another schedule and medications with small amounts of opiates that also contain other active medicinal ingredients.

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Potential Penalties:

The penalties and punishments for possession with intent to sell in St. Petersburg are listed in Fla. Stat. § 775.082, 775.083 and 775.084. Although the following penalties are the suggested statutory penalties for this drug offense, they can increase depending on the type and amount of substance, whether a weapon was present or used in the commission of the offense, where the substance was sold and/or whether the alleged offender has a previous criminal history.

• A conviction for possession with intent to sell a substance in Schedule I and some Schedule II substances can result in a felony of the second degree, which is punishable by a prison sentence up to 15 years and/or a fine not more than $10,000.
• A conviction for possession with intent to sell a substance in Schedule III, Schedule IV and some Schedule II substances can result in a felony of the third degree, which is punishable by a prison sentence up to five years and/or a fine not more than $5,000.
• A conviction for possession with intent to sell a substance in Schedule V can result in a misdemeanor of the first degree, which is punishable by a jail sentence up to one year and/or a fine not more than $1,000.

Generally, drug offenses involving Schedule I substances result in the harshest penalties while substances from Schedule V result in the least serious punishments.  For example, if an individual commits a possession with intent to sell offense involving heroin, they could receive a lengthier prison sentence and steeper fine than a possession with intent to sell offense involving Xanax.

Additional penalties to an individual convicted of drug possession with intent to sell can result in a driver’s license suspension, additional fines, community service and/or probation.

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Issues / Potential Defenses:

A conviction for possession with intent to sell drugs, controlled substances or narcotics throughout Florida can result in very serious repercussions and punishments, including driver’s license suspensions, a criminal record, ineligibility to pursue certain professions or occupations, prison sentences and/or fines.

However, before an individual can be convicted of this drug crime, the state prosecutor must first prove the alleged offender was guilty of committing every element to this possession offense beyond a reasonable doubt. This burden is very high and difficult to satisfy, as there can be a number of defenses or mitigating factors that will create doubt in the prosecution’s case.

If you have been charged with possession of drugs with intent to sell throughout the Tampa Bay area of Florida, it is important to hire an experienced drug attorney who will you craft your best defense to the charges you are facing.

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What To Do Next:

If you have been arrested:

1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.

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Morris Law Firm, P.A. | Tampa Bay Drug Possession with Intent to Sell Attorney

If you have been arrested for Drug Possession with Intent to Sell, contact a St. Petersburg Drug Crimes Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).