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Possession of Controlled Substance with Intent to Sell

Criminal charges for drug possession are bad enough, but the possible penalties become more severe when an alleged offender is accused of having intent to sell. In many cases, police will file charges for intent to sell when the amount of a controlled substance that was seized is insufficient to merit trafficking charges.

People are frequently charged with supposed intent to sell despite having no such plans or criminal history involving the sale of illegal drugs. Criminal intent is an exceptionally difficult element of a crime for prosecutors to prove, which is why these types of drug possession charges often rely on evidence that is circumstantial.

Possession with Intent to Sell Lawyer in Broward County, FL

Were you recently arrested in South Florida for possessing a controlled substance with the alleged intent to sell? You should contact The Hoffman Firm before you say anything to authorities.

Evan A. Hoffman is an experienced criminal defense attorney in Fort Lauderdale who represents clients accused of drug offenses in Pompano Beach, Lauderhill, Coral Springs, Dania Beach, Plantation, and many nearby areas in Broward County. He can review your case and help you understand your legal options as soon as you call (954) 524-4474 to schedule a free, confidential consultation.


Fort Lauderdale Possession of Controlled Substance with Intent to Sell Information Center


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Defining Intent to Sell for Drug Possession Charges in Florida

The possession element of a possession with intent to sell crime is generally much more evident than the intent to sell aspect. Possession is either actual possession (the alleged offender was aware of the presence of the controlled substance and the drugs were on the person or so close as to be under the control of the alleged offender) or constructive possession (the alleged offender was aware of the presence of the controlled substance, the controlled substance was in a place over which the alleged offender has control, and the alleged offender had the ability to control the controlled substance).

Intent to sell, on the other hand, can be much harder for the prosecution to prove. Barring an actual verbal admission from the alleged offender, police officers will usually base these criminal charges on other types of evidence or factors during the arrest.

Some of the evidentiary elements that a prosecutor may use to pursue intent to sell charges include, but are not limited to:

  • Guns, firearms, or other weapons;
  • How the drugs were packaged;
  • Large amounts of cash;
  • Paraphernalia such as baggies, scales, or mixing devices;
  • The location of the arrest; and/or
  • Verbal statements or electronic messages by or to the alleged offender about sale of the controlled substance.

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Penalties for Possession with Intent to Sell in Broward County

The classification for possession with intent to sell offenses is based on the schedule that the controlled substance involved is classified under the Florida Comprehensive Drug Abuse Prevention and Control Act. Possession with intent to sell a controlled substance in Schedule I or Schedule II is a second-degree felony, controlled substances in Schedule III or Schedule IV are third-degree felony offenses, and controlled substances in Schedule V result in first-degree misdemeanor charges.

Criminal charges can be enhanced, however, if an alleged offender possessed an illegal drug in, on, or within 1,000 feet of the real property comprising any of the following:

  • An assisted living facility;
  • A child care facility between the hours of 6 a.m. and 12 midnight;
  • A convenience business;
  • A physical place for worship at which a church or religious organization regularly conducts religious services;
  • A public housing facility;
  • A public or private college, university, or other postsecondary educational institution;
  • A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight; or
  • A state, county, or municipal park, community center, or publicly owned recreational facility.

When an alleged offender is accused of possessing an illegal drug with intent to sell in, on, or within 1,000 feet of any of the locations listed above, crimes involving controlled substances in Schedule I or Schedule II become first-degree felony offenses and crimes involving controlled substances in Schedule III or Schedule IV become second-degree felony offenses. Convictions are punishable as follows:

  • First-Degree Misdemeanor — Maximum sentence of one year in jail and/or maximum fine of $1,000;
  • Third-Degree Felony — Maximum sentence of five years in prison and/or maximum fine of $5,000;
  • Second-Degree Felony — Maximum sentence of 15 years in prison and/or maximum fine of $10,000; or
  • First-Degree Felony — Maximum sentence of 30 years in prison and/or maximum fine of $10,000.

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Florida Resources for Possession with Intent to Sell Arrests

Project P.R.I.D.E. | Chabad of South Broward — Project P.R.I.D.E. is a national drug prevention program designed to reduce the early first use of drugs in school children. It has been conducting non-sectarian drug abuse prevention programs in Broward County for more than two decades. Project P.R.I.D.E. is supported by United Way of Broward County, the City of Hollywood Police Department, Broward County Sheriff's Department, Human Service Department of Broward County, Broward County Commission on Substance Abuse, and many other community organizations and foundations.

Chabad of South Broward
1295 East Hallandale Beach Blvd.
Hallandale, FL 33009
(954) 458-1877

Narcotics Overdose Protection & Education (NOPE) of Broward County — The NOPE Task Force is a 501(c)(3) nonprofit organization that was formed to combat the illegal use of prescription drugs and narcotics. The Broward County chapter delivers presentations for parents and students in cities and towns throughout the county. You can find information about drugs, addiction, and NOPE programs on this website.


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The Hoffman Firm | Lawyer for Possession with Intent to Sell Arrest in Broward County, Florida

If you have been arrested for allegedly possessing a controlled substance with intent to sell, it is in your best interest to retain legal counsel as soon as possible. The Hoffman Firm aggressively defends clients all over Broward County, including Pembroke Pines, Cooper City, Deerfield Beach, Hollywood, Hallandale Beach, and several other surrounding communities.

Fort Lauderdale criminal defense attorney Evan A. Hoffman has experience handling these types of cases on both sides of the aisle as a former Assistant State Attorney for the Broward County State Attorney’s Office. You can let him evaluate your case during a free initial consultation as soon as you call (954) 524-4474 or fill out an online contact form today.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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