In Okaloosa county and Walton county, drug arrests are on the rise. While possession alone is enough to warrant an arrest, under Florida Statute 893.13, no person is permitted to possess illegal substances (described in Florida Statute 893.03) with the intent to sell, manufacture or deliver. Popular drug charges tend to involve marijuana, cocaine, and illegally obtained prescription drugs. With the increasing popularity of prescription drugs, arrests of this sort are on the rise. 
In order to be proven guilty of possession with intent, the prosecution must be able to prove three things:
- The prosecution must be able to prove that the defendant possessed a certain substance or substances with the intent to sell.
- Substance was a controlled substance defined in section 893.03.
- Defendant had knowledge of the substance.
It is important to note the definitions of the words “sell” and “possession.” According to the state of Florida, the word sell is defined as “to transfer or deliver something to another person in exchange for money of something of value, or the promise of money or something of value.” The word “possession” is defined as meaning that the accused had personal charge of, or exercised the right of ownership, management, or control over the thing possessed.
The charge of possession with the intent to sell, manufacture, or deliver carries three different levels of severity. Dependent upon the substance the defendant is found in possession of, the charge may carry anywhere from a 1st degree felony, to a 1st degree misdemeanor. With the varied charge, comes varied punishment, and is entirely dependent upon the substance and quantity of the substance.
Charging someone with “intent to sell” is challenging, as it is an increased charge from just a “possession” charge. Common means in which the prosecution proves that the defendant was in fact in possession of the substance with intent include the presence of large quantities of money, and:
- The presence of packaging consistent with drugs and drug sales
- The presence of paraphernalia, i.e. scales, rolling papers, balances, testing kits, and mixing devices
- Weapons
- Type and amount of substance found
- Admissions from the defendant and testimonies
It is important to hire a qualified criminal attorney when facing a charge like possession with intent to sell, as there is a variety of possible defenses available. For example, challenging the legality of the search and seizure can result in a motion to suppress evidence found during the search, which could severely hamper the prosecution’s ability to prove the defendant guilty, which would ultimately result in a dismissal.
Other options include mitigating the punishment, arguing that the substance found was for “personal use” or attempt to lessen the punishment by arguing that the act was not done in the presence of a child, making it a lesser offense.
All of these defenses are entirely dependent upon the case facts, making it even more crucial to the case to hire a qualified attorney. Call Lupella & Rehr if you need help with a legal matter.