Possession with Intent to Sell Marijuana Attorney in Tavares, FL
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 MarijuanaUnder 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 TavaresAs 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.