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Possession of a Controlled Substance with Intent to Sell

When a person is arrested for possessing an illegal drug, police officers may attempt to charge the alleged offender with intent to sell if the amount seized is not enough to constitute a trafficking offense. Possession with intent to sell, manufacture, or deliver a controlled substance is a more serious felony offense than simple possession.

Most alleged intent to sell crimes are based largely on circumstantial evidence. Without direct admission of such intent from the alleged offender, it can be extremely difficult for prosecutors to prove beyond a reasonable doubt that a person had any kind of plan to sell an illegal drug.

Lawyer for Possession with Intent to Sell Arrest in Miami-Dade County, Florida

If you were arrested for possession of a controlled substance with the alleged intent to sell the drug, you should seek legal representation as soon as possible. The Hoffman Firm aggressively defends clients accused of drug crimes throughout Miami-Dade County, including such communities as Key Biscayne, North Miami, Aventura, Coral Gables, and many others.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who can use his experience as a former Assistant State Attorney to get criminal charges reduced or dismissed. Call (305) 249-0090 right now to receive a complete review of your case during a free initial consultation so you can fully understand all of your legal options.


Overview of Possession of a Controlled Substance with Intent to Sell in North Miami


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Possession with Intent to Sell Charges in Florida

An alleged offender may be charged with possession of a controlled substance if he or she is in actual or constructive possession of an illegal drug. Actual possession refers to a controlled substance being in a person’s physical custody while constructive possession is defined as drugs being in a place that the alleged offender had ownership or control over.

The possession aspect to criminal charges can typically be much more clear-cut than the alleged intent to sell. Prosecutors will often use one or more forms of evidence or additional factors to prove an intent to sell. Examples may include, but are not limited to:

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

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Possession with Intent to Sell Penalties in Miami-Dade County

Possession with intent to sell is usually a second-degree felony when the controlled substance is a Schedule I or Schedule II drug. If the controlled substance is a Schedule III or Schedule IV drug, the crime is typically a third-degree felony. Possession of a controlled substance with intent to sell is a first-degree misdemeanor for all Schedule V drugs.

The penalties may be enhanced if an alleged offender is accused of possessing a controlled substance in, on, or within 1,000 feet of the real property comprising any of the following:

  • 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;
  • A state, county, or municipal park, community center, or publicly owned recreational facility; or
  • An assisted living facility.

In these cases, possession with intent to sell a Schedule I or Schedule II drug is a first-degree felony and intent to sell a Schedule III or Schedule IV drug is a second-degree felony. Depending on the classifications of the crimes, convictions can result in the following sentences:

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

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Florida Possession of a Controlled Substance with Intent to Sell Resources

Miami-Dade County | Community Action and Human Services — The Community Services Division provides direct services to Miami-Dade County residents who are having problems with substance abuse addiction. On this website, you can learn more about substance abuse assessment and referral services as well as counseling and rehabilitation efforts for substance abusers. Find additional information about Miami-Dade’s Specialized Transitional Opportunity Program (STOP Program), residential treatment, and the Treatment Alternative to Street Crime (TASC) Division's Diversion Program.

Community Services Division
3140 NW 76th Street
Miami, FL 33147
(305) 694-2734

Here's Help, Inc. — Founded in 1969, Here’s Help provides residential and outpatient therapies for young adults ages 13 and older who are experiencing minimal to moderate substance abuse and mental health disorders. The organization has been funded by the Department of Children and Families since its inception and has also been accredited by the Commission on Accreditation and Rehabilitation Facilities (CARF). On this website, you can learn more about services Here’s Help provides, upcoming events, and the organization’s sponsors.

Here's Help, Inc.
North Campus
15100 NW 27th Ave
Opa Locka, FL 33054
(305) 685-8201


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The Hoffman Firm | Possession with Intent to Sell Lawyer in Miami, FL

Were you arrested for being in possession of a controlled substance with the alleged intent to sell, manufacture, or deliver it? It will be in your best interest to immediately retain legal counsel.

Miami criminal defense attorney Evan A. Hoffman of The Hoffman Firm represents clients in Miami Beach, Hialeah, South Miami, Opa-locka, and many surrounding areas in Miami-Dade County. You can have him provide a full evaluation of your case when you call (305) 249-0090 or submit an online contact form today to schedule a free, confidential consultation.


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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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