In Florida, under Florida Statute 893.13(1)(a),

it is unlawful for a person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A violation can be classified as either a second or third degree felony depending on the substance.

To prove the charge, the essential elements is “intent.” Prosecutors often try to prove this in the way the substance is packaged, where it is packaged, the amount of the substance, and other circumstantial evidence. Often times, prosecutors and police will use the assistance of confidential witnesses or undercover cops to get statements from defendants that they can then use against them in proving the charge.


Possession with Intent, depending on the substance can be a 2nd or 3rd degree felony.

  • 3rd Degree

    • Up to 5 years in prison; or

    • Up to 5 years of probation; and

    • $5,000.00 fine

  • 2nd Degree

    • Up to 15 years in prison; or

    • Up to 15 years of probation; and

    • $10,000 fine


Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Illegal search;

  • Lack of Probable Cause;

  • Lack of intent

  • Lack of knowledge;

Possession with Intent is often used by prosecutors to up charge individuals in an attempt to gain more leverage. It is important to have an attorney who can spot the difference between the two.


Charged with Possession with intent? Contact us today.

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