Possession of Cannabis with Intent to Sell

If law enforcement catches a person with cannabis, individual packaging, and large amounts of money (or a combination of two of the three), it is highly likely that a simple possession of marijuana charge will be upgraded to possession with intent to sell. Drug crime attorney Adam L. Bantner, II can help you with this charge. Call 813.416.7965 today for your free consultation!

THE STATUTE, FLA. STAT. 893.13(1)(A)(2)

Hand holding marijuana leaf(1)(a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to:…

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Cannabis is listed under Fla. Stat. 893.03(1)(c).


Possession of cannabis with intent to sell or deliver is a level 3 third degree felony. This means it is punishable by up to 5 years in Florida State Prison. Level 3 scores 16 points on the criminal punishment code. Sixteen points alone, without additional points from other crimes and/or criminal history, will allow the court to sentence someone convicted of this crime to probation without the benefit of a plea bargain or downward departure.

If the cannabis is sold within 1,000 feet of a school, church, or public housing facility, the charge is increased to a second degree felony, punishable by up to 15 years in prison.


Possession charges often start with some sort of search and seizure. This can occur after a traffic stop, a dog search, a consensual encounter, a search warrant, or other means. Often the success of a cannabis possession charge defense hinges on whether the evidence was obtained legally. If it was not, we may be able to suppress the evidence. With no evidence, the State will be unable to obtain a conviction. Call Adam today at 813.416.7965 to see how he can help!

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Adam Bantner – Criminal Defense Attorney at Law

If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.

Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.

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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.

I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.

I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.

In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!

I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.