Marijuana cannot be possessed in the State of Florida. To simply possess 20 grams or less is a misdemeanor of the first-degree, punishable by a maximum of 1 year in jail and a 2-year driver's license suspension if convicted.
However, even more serious than the simple possession of marijuana is the possession of marijuana with the intent to sell it, or the actual sale. The law does not necessarily distinguish between "intent to sell" and "sale" in terms of the degree of the crime. To sell marijuana, or possess with the intent to sell, is a third-degree felony, punishable by up to 5 years in prison. Also, a conviction will suspend your driver's license for 2 years.
If you are accused of selling or possessing marijuana with the intent to sell within 1000 feet of a school, university, church, park, or day care center, you can be charged with a second-degree felony.
In order to be arrested for selling marijuana, typically a police officer witnesses a transaction (marijuana in exchange for money), or in many situations, the officer is the buyer (undercover operation).
These undercover drug buys are common. Cops have eyes and ears all over town. If they receive information about possible drug activity, they may try to set up drug buys with suspected sellers.
There are many defenses available when this occurs, namely entrapment. In other words, did the officer, who was acting as a drug buyer, coerce, threaten, or put undue pressure on you to sell the drugs? Is this something that you normally would not have done?
If you have been arrested in Broward County or Miami-Dade County for selling marijuana, contact me to discuss defenses to your charges.