The sale of drugs is usually considered to be a more serious offense than the simple possession of drugs. Possessing drugs can be attibuted to drug addiction, in which case a person accused of possessing drugs may be offered a diversionary program or even Drug Court.
Drug sales, however, are not eligible for Drug Court or diversion. I have heard many prosecutors use the phrase, "sale means jail."
All drug sales are felony offenses. Simply possessing marijuana is a misdemeanor, but possessing marijuana with the intent to sell it is a felony.
Possession of cocaine with intent to sell is a second-degree felony punishable by up to 15 years in prison. Statutory enhancements for sales within 1000 feet of a school can increase the penalties for drug sale crimes.
Trafficking can encompass either possessing drugs or selling drugs. It can be considered trafficking if you possess or sell the requisite amount of the controlled substance. Trafficking in Florida is based solely on the weight of the drugs, not the intention of the person in possession of the drugs.
If you or a loved one are caught selling drugs, you can be facing serious penalties. These penalties may include mandatory prison time, depending on the circumstances.
I am a Miami drug crimes attorney and Broward drug crimes attorney.
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