Marijuana is still a Schedule I Controlled Substance, right up there with LSD and heroin. As such, you can get in a lot of trouble for having more than a user would have on hand for personal consumption. For instance, possession of more than 20 grams of marijuana is enough to land you in prison for years. How many years depends primarily on how much weed they caught you with. Possession of more than 20 grams – up to 25 pounds – of cannabis is a third-degree felony that can get you up to five years in prison. If prosecutors can prove possession with intent to sell, you’re looking at up to 15 years.
If you get busted with more than 25 pounds of pot, they’ll likely charge you with “trafficking in cannabis.” Trafficking comes with mandatory minimums of three to 15 years in prison–up to a maximum of 30 years, depending on the weight involved. The penalties include huge fines and even longer sentences if anyone was hurt or killed or if children were involved.
If you’ve been charged with possession with intent in Florida, you’ll want the best drug crimes lawyer you can get. Consider the Orlando criminal defense team at the Rivas Law Firm. Call 407-349-4211 for a free consultation.
What is Intent to Sell drugs?
According to Florida drug laws, prosecutors can add “with intent to sell” to just about any drug possession charge if the police catch you with more than a certain amount. For ordinary cannabis, anything more than 20 grams (roughly three-quarters of an ounce) is generally enough.
Usually, though, police will take note of obvious signs of more than a personal stash. Common evidence includes paraphernalia such as scales, baggies, wads of cash, and notebooks with sales records. Police will also use a suspect’s own words if they admit intending to sell the drugs.
Possession with Intent to Sell Defense
If you are arrested and charged with possession with intent to sell marijuana, prosecutors must be able to prove several things beyond a reasonable doubt. They need to prove that you knew that you had drugs and that they were actually in your possession or that you had control over them. The same goes for the paraphernalia, the scales or baggies or cash.
An aggressive criminal defense lawyer could have such evidence excluded if police didn’t have a proper warrant. The same goes for any statements you may have made to law enforcement. If police questioned you and obtained incriminating information without first advising you of your right to remain silent, they can use those statements in court.
Florida courts are overburdened with people arrested on drug charges. To process cases quickly and efficiently, they work to get defendants to plead guilty. They see defendants like you every day, and they know how to stack the charges and intimidate you into giving up your rights. As a result, most people arrested on drug charges in Florida just plead guilty and just take the consequences.
But it doesn’t have to be this way. When charged with a crime, it’s always best to have a seasoned, experienced trial lawyer fighting for your rights. Call 407-349-4211 for a free consultation with a tough and aggressive Orlando criminal defense attorney at the Rivas Law Firm.