Thank you for asking me “What is the difference between Possession and Possession with Intent to Sell in FL?”
Simply stated: The Difference between possession and possession with intent to sell is 10 years.
Except for possessing less than 20 grams of marijuana, possession of any controlled substance in FL is a 3rd degree felony (punishable by up to 5 years in prison) but possession with intent to sell, or to distribute (also called “PWID”), is a 2nd degree felony (punishable by up to 15 years in prison).
If you are caught during the act of selling then the State’s job is easier, but you can be charged with PWID even where no sale was witnessed by the cops.
For instance, consider the difference between being caught with one ounce of marijuana (for those of you who don’t know one ounce contains 28 grams) in one baggie vs. being caught with the same ounce of marijuana packaged in 8 separate 1/8 ounce baggies.
In a case like that it is the circumstances of the possession that can be the difference between a 5 and a 15 year felony.
But still, in order to prove your intent to sell or distribute the State must convince a jury that you had the intent to sell, and in FL “sell” means “to transfer or to deliver something to another person in exchange for money or something of value or a promise of money or something of value”.
So, if you are caught red handed transferring dope for cash then your defense will be tougher than if you are simply caught in possession and the cops want to attribute intent to sell or distribute to you. In the latter case the difference maker is likely to be the quality, skill and experience of your criminal defense attorney.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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