Possession with Intent to Sell

Possession with Intent to Sell

Florida Statutes, specifically Section 893.13(1)(a), declare the act of a person selling, manufacturing, delivering, or possessing a controlled substance with the intent to sell, manufacture, or deliver the substance in question.

So what qualifies as a substance in question? It might be easier to ask what does not qualify. The list of controlled substances in the Florida Statutes currently contains more than 190 individual substances, from Acetyl-alpha-methyl fentanyl to synthetic cannabinoids and a variety of subcategories.

Intent to Sell

Possession of a controlled substance alone does not qualify as intent to sell, as it’s obviously possible for any individual to be found with a controlled substance on their person while having no intent to sell or distribute the substance in question. Therefore, equating possession with intent to sell works on the same logic as any supplier/customer relationship; most people who visit a hardware store with the intent of buying lumber have no intention of going around the corner and reselling the lumber at a substantial markup five minutes after leaving the store.

The requirements of proving intent to sell in the state of Florida requires more information to be present at the time of an arrest. Factors that can be used to prove intent to sell can include:


Selling controlled substances functions like any other business model: the supplier offers a product, and the customers purchase the product in specified quantities.

To ensure the business flow, the supplier needs to have some form of currency readily available to facilitate the exchange of goods.

Think of it this way: any big box store needs to have cash on hand at all times. Individuals in possession of controlled substances with intent to sell would likely need to follow the same model. And because the sale of controlled substances can generate high profits, a supplier could have large amounts of cash on hand.


Most large legitimate businesses have security personnel on hand to discourage theft and possibly to defend the lives of their employees and customers. The same logic could apply to suppliers of controlled substances, and because their businesses do not operate legally, the threats of theft and violence can be heightened for them and everyone involved.

And since they cannot make use of professional security businesses or law enforcement agencies, they may be forced to use weapons and unauthorized individuals to protect their business interests.


Controlled substances may require specific care and handling to ensure product safety. Such items could include scales, chemical testing, and safety products, safety gear such as hazardous material suits and gasmasks, vehicles for transportation, specific packaging, and any other devices associated with specific controlled substances, such as rolling papers for marijuana.


Defendants convicted of possession felonies face a minimum of three years in jail, a minimum fine of $500, or up to 100 hours of public service. State statutes also specify the punishment can be augmented by other penalties as prescribed by the law.


To find out more about Florida laws regarding controlled substances, contact Farkas and Crowley P.A. today.

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