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Possession with Intent to Sell

In Florida, drug offenses are determined more by the amount present than the purpose of the drug. Drug possession, for instance, can also be drug trafficking if enough of the illicit substance is found in possession. The offense that is almost the exception to the rule is illegal drug possession with intent to sell, a pseudo-compromise between possession and trafficking in Florida. Though a lesser offense than trafficking, possession with intent to sell still comes with strict penalties. To begin fighting your Alachua County possession with intent to sell charges, contact an experienced drug defense lawyer in Gainesville today.

Alachua County Possession with Intent to Sell Lawyer

With a practice founded on the principles of advocacy, compassion and open communication, the experienced Gainesville criminal defense attorneys of Galigani Law Firm are committed to working for the most favorable outcome in every client's case. Dean Galigani is Board Certified by the Florida Bar in Criminal Trial law, a designation earned by years of experience and specialization in criminal defense.

If you have been arrested on drug possession with intent to sell charges in Gainesville or the surrounding areas, including Alachua County, Ocala in Marion County, and Lake City in Columbia County, contact the experienced drug defense attorneys of Galigani Law Firm today. They will begin fighting for your rights and your desired outcome immediately.  To schedule your free consultation with Galigani Law Firm concerning your Gainesville drug possession with intent to sell case, call (352) 375-0812 today.


Possession with Intent to Sell in Gainesville Defined

In Florida, the sale, manufacture, and delivery of drugs and the possession with the intent to sell, manufacture, or deliver are all governed by the same statute. Fla. Stat. § 893.13 simply states that it is unlawful for any person in Florida to sell, manufacture, or deliver a controlled substance or possess a controlled substance with the intent to do the same. Since the offenses are the same, so are the penalties.

Basically, the point of an intent to sell charge is for the prosecution to be able to seek the same penalties if they only have evidence of intent to sell or deliver and not evidence of an actual sale or delivery. Evidence of intent to sell or deliver can include how the drug is divided and packaged, the presence of empty containers usually used to hold drugs, large amounts of cash, and/or a weapon.

Please note that an intent to sell charge is only when there is not enough of the drug present to constitute Florida drug trafficking. With any charge involving the sale or delivery of drugs in Gainesville or the surrounding areas, it is important to contact an experienced drug defense attorney in Alachua County as soon as possible after your arrest, so that you can begin implementing important defense strategies immediately.


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Alachua County Possession with Intent to Sell Penalties

Most possession with intent to sell offenses in Florida are felonies because the drugs most commonly found in Florida in relation to the offense are governed by the higher drug schedules. The only misdemeanor offense is the possession of Schedule V substances with intent to sell, which is a first-degree misdemeanor. Schedule V substances include compounds, preparations, or mixtures of one or more non-controlled medical substances and specific limited quantities of opium, codeine, or ethylmorphine. A first-degree misdemeanor is punishable by a maximum of one year in jail and a fine of $1,000.

It is a third-degree felony offense, punishable by a maximum of five years in prison and a $5,000 fine, to possess with the intent to sell any Schedule IV or Schedule III drugs, as well as specific Schedule I&II drugs, including the following:

  • Schedule IV  muscle relaxers, antitussives (cough suppressants), anticonvulsants, and stimulants
  • Schedule III appetite suppressants, sedatives, steroids, hormones, and mixtures with specified amounts of codeine, hydrocodone, and morphine (amounts are higher than Schedule V drugs)
  • Marijuana / cannabis / pot
  • Lysergic Acid Diethylamide / LSD
  • Amobarbital and other barbiturates
  • Amphetamines (example – Adderall)
  • Methylphenidate / Ritalin
  • Phenylacetone / P2P
  • Ketamine
  • Alprazolam / Xanax
  • Diazepam / Valium
  • Lorazepam / Ativan

Possession of certain Schedule I and Schedule II drugs with intent to sell is a second-degree felony. These substances include flunitrazepam (Rohypnol, roofies), MDMA (ecstasy), heroin, gamma-hydroxybutyric acid (GHB), opium, codeine, hydrocodone (Vicodin, Lortab), oxycodone (OxyContin), hydromorphone (Dialudid), methadone, morphine, cocaine, methamphetamine, phencyclidine (PCP), and fentanyl (Actiq, percopop). A second-degree felony drug possession with intent to sell offense is punishable by up to 15 years in prison and/or a fine of up to $10,000.

It is recommended you contact an experienced drug attorney for your Alachua County possession with intent to sell arrest as soon as possible. Certain circumstance surrounding your case may aggravate the penalties to include more sanctions or a heavier charge.


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Aggravating Circumstances in a Florida Possession with Intent to Sell Case

The penalties for possession with intent to sell in Florida are already severe; however, given certain factors in your case specified by Fla. Stat. § 893.13 your penalties, your charges, or both will become even more punitive. The first circumstance specifies that if your drug possession with intent to sell offense occurs within 1,000 feet of a child care facility specified by posted sign, a school between the hours of 6 a.m. and midnight, or a state-owned, city-owned, or publicly-owned park, community center, or recreational facility, the maximum penalty you will face is a first-degree felony offense with three years of mandatory minimum prison time.

At minimum, you will have an additional $500 fine and 100 hours of community service attached to your existing possession with intent to sell penalties. How severe the additions are is based on which drug is involved in your Alachua County possession with intent to sell case. The other situations that involve an additional $500 fine and 100 community service hours at minimum, and a first-degree felony (but without the mandatory minimum prison time) at maximum include when the offense occurs within 1,000 feet of:

  • A public or private college, university, or other postsecondary educational institution
  • A physical place for worship, at which a church or other religious organization regularly conducts religious services
  • A convenience business, such as a gas station or a truck stop
  • A public housing facility

Additionally, all felonies in Florida come with additional sanctions like the loss of certain civil rights and the ineligibility for certain educational and professional opportunities. A felony drug possession with intent to sell charge in Gainesville can affect your whole life. An experienced drug lawyer in Alachua County can work to protect your rights and fight against such a conviction.


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Galigani Law Firm | Defense Attorney for Gainesville Drug Possession with Intent to Sell

If you are facing charges of drug possession with intent to sell in Alachua County, Marion County, Levy County, Gilchrist County, Columbia County, Baker County, Bradford County, or Union County, contact the competent, knowledgeable drug defense attorneys with nearly 50 years of combined experience as Galigani Law Firm today. Dean Galigani is evaluated for professionalism, tested for expertise in criminal defense matters like drug possession with intent to sell in Gainesville. Your first consultation is free, so call Galigani Law Firm today to schedule yours.