If you have been arrested for possession of marijuana with intent to sell or distribute in the Orlando area, you will need an aggressive attorney to fight your case.
To prove this charge the State must show that you possessed marijuana with the intent to distribute, deliver or sell. Under statute 893.02 “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. “Distribute” means to deliver, other than by administering or dispensing, a controlled substance. Of course, a sale is a sale.
Possession of marijuana with intent to sell or distribute is a 3rd degree felony punishable by up to five years in the Florida Department of Corrections and a $5000 fine.
Sale of Marijuana within 1,000 feet of a school or church, is a 2nd degree felony: which may include a prison sentence of up to 15 year, and a $10,000 fine.
Some factors that an officer considers when deciding whether or not to charge you with possession of marijuana as opposed to possession with intent are:
- The packaging of the marijuana. Is it in one bag? Several small bags? It is more likely that an officer will charge you with intent if there are several small baggies.
- Do you have a large amount of cash? This should not be a factor. But as far as law enforcement is concerned, if you have a large wad of $20s, you obtained them from selling your weed.
- Do have scales or other weighing devices in close range of the marijuana? If so they are more likely to charge you with intent.
- Prior history. Have you been arrested in the past for possession with intent to sell or distribute? If you have the officer will probably charge you with intent.
In addition to any jail time or fines, the officer may confiscate your money, car or other property. They may also ask for a Nebia (also spelled Nebbia) hearing for your bond. This means before you can use any cash to bond out, you must prove where the source of the money came from. If the State feels it came from illegal means, they will not allow you to use the funds to bond.
Possession with intent is a serious charge. With a regular possession charge a prosecutor may take addiction or other mitigating factors into consideration for sentencing. This is not so with a possession with intent charge. State attorneys prosecute these charges to the fullest extent possible.
When you hire the defense team of Finebloom & Haenel we fight for you! We will challenge every aspect of the State’s case to obtain the best result possible outcome for your unique situation. Do not delay. This is a serious charge requiring serious representation. Call the attorneys of Finebloom & Haenel today to discuss your options. We are available by phone 24/7 to speak with you. Just call 407-218-6277 now!
