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!
(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!