The Florida Bar 1950
American Bar Association
Justia Lawyer Rating
Lake County Bar Associaton
Florida Justice Association

Possession with Intent to Sell Marijuana Attorney in Tavares, FL

While possessing marijuana is now legal in some states, Florida is not one of them.  Possession of marijuana or cannabis is a criminal offense that may result in harsh penalties for those found guilty; however, if you find yourself facing possession with intent to sell marijuana charges in Tavares, the consequences are far more serious.  At Adams & Luka, we understand how police and prosecutors work.  Our Lake County, FL criminal defense attorneys fight aggressively on behalf of those facing drug charges in Tavares, providing you with solid legal guidance and representation.

Possession of marijuana with intent to sell or distribute the substance is a third-degree felony in Florida.  In some cases, a person may simply have enough marijuana in his or her possession for personal use, however police may have a different opinion.  If you have a substantial amount of marijuana in your possession (for example, more than 20 grams), prosecutors may believe your intent was to sell or distribute the drug.  What began as possession may ultimately end up as a possession with intent to sell marijuana charge.

Penalties for Possession with Intent to Sell Marijuana

Under Florida's Criminal Punishment Code, the sale of cannabis is a Level 3 offense.  If you are found guilty, you may face any of the penalties below, or a combination of these penalties:

1. Maximum fines of $5,000
2. Maximum of five (5) years of probation
3. Maximum of five (5) years in prison

In addition, those convicted of the sale of marijuana will lose their privilege to drive for a period of one year.  A criminal record will also impact employment opportunities, housing, and more.

Defending Charges of Possession with Intent to Sell Marijuana in Tavares

As in any criminal case, prosecutors must prove elements specific to the crime.  In cases involving drugs, police often step outside their boundaries by performing illegal search or seizure.  They may also violate your legal rights in other ways, which is why it is imperative to work with an experienced Tavares drug crimes attorney.  Some of the most common defenses used in fight a possession with intent charge include:

1. Illegal search and seizure
2. Lack of knowledge
3. Personal use
4. Constructive possession

Constructive possession essentially means that the marijuana was located in a place where someone other than the accused had access to it.  In this case you must have known the marijuana was present, and had control or dominion over the drug.  Prosecutors often cannot prove these elements.

If you did not know what you had in your possession was marijuana or that the substance was illegal, it may be effective to use a lack of knowledge defense.

If the marijuana found in your possession was for your personal use, the state must provide evidence to the contrary such as substantial cash, scales, materials used to distribute marijuana (paraphernalia), an unusually large amount of cannabis, etc.

How your defense is developed depends largely on the specific circumstances of your case.

Contact Adams & Luka Now
Any drug offense is serious and potentially life-changing.  If you have been charged with or are under investigation for possession with intent to sell marijuana, it is vital to consult with a talented criminal defense lawyer right away.  At Adams & Luka, we are dedicated to securing the best possible result while advising you of various legal options, answering your questions, and more.  Contact us now for a free consultation.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink