One of the most common drug offenses in Miami-Dade and Broward is sale of marijuana, or possession with intent to sell marijuana within 1,000 feet of a school.
Being within 1000 feet of a school or church elevates the offense. Whereas possession with intent to sell marijuana is normally a third degree felony, the charge becomes a second degree felony. Third degree felonies are punishable by up to 5 years prison. Second degree felonies are punishable by up to 15 years prison.
Police attempt to determine whether somebody is in possession of marijuana with the intent to sell it based on a number of factors. First of all, if the police observe a sale, then the charge may be easier to prove. If not, the police will look to see if the marijuana is packaged in a manner that is consistent with sale (individually wrapped packages).
Penalties can range from probation to prison. A good criminal defense attorney may be able to get the charge reduced from possession with intent to sell within 1000 feet of a school to possession with intent to sell (a third degree felony) or even possession of marijuana, the misdemeanor.
If you or a loved one are facing possession with intent to sell marijuana charges, call me today.