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Possession with Intent to Sell in Pasco

One of the most commonly prosecuted drug crimes in Pasco County, FL, is selling a controlled substance or possessing a controlled substance with intent to sell. The penalties for these types of drug crimes are found in Florida Statute Section 893.13(1).

Under Section 893.13, F.S., the penalties depend on a variety of factors including:

  • the schedule applicable to the controlled substance that is being sold or possessed with intent to sell;
  • the location in which the violation occurs (in some cases).

If you were charged with any form of possessing a controlled substance with the intent to sell the narcotic in Pasco County, FL, then your case will be prosecuted at the courthouse in New Port Richey or Dade City, FL.

Attorney for Intent to Sell Drugs in Pasco County, FL

The attorneys at Sammis Law Firm represent clients charged with felony narcotics crimes including selling drugs or possession with intent to sell in the greater Tampa Bay area.

The main office of the Sammis Law Firm is located in downtown Tampa, FL. The firm has a second office located in New Port Richey, directly across from the courthouse at the West County Judicial Center that serves Pasco County.

Contact us to discuss your case with an experienced criminal defense lawyer in Pasco County, FL, at Sammis Law Firm.

Call 813-250-0500.


Penalties for the Sell of Drugs in Florida

The penalties for selling or possessing with intent to sell drugs in Florida depend on a variety of factors including:

  • the type of drug possessed with the intent to sell;
  • the quantity of drug possessed with the intent to sell;
  • whether the crime occurred in a designated area; or
  • the offender’s criminal record, if any.

Under Section 893.135, F.S., most drug trafficking offenses are classified as first degree felonies and are subject to a mandatory minimum term of imprisonment and a mandatory fine.

Drug trafficking crimes are determined by the weight or quantity of the substance. Read more about drug trafficking crimes prosecuted in Pasco County, FL.


Schedule I(a), (b), or (d) or any Schedule II(a), (b), or (c)5

Under Florida law, it is a second degree felony to sell or possess with intent to sell any controlled substances found in Schedule I(a), (b), or (d) or any Schedule II(a), (b), or (c)5.

Examples of controlled substances in these schedules include:

  • fentanyl;
  • cocaine;
  • heroin;
  • hydrocodone;
  • LSD;
  • methamphetamine.
  • synthetic cannabinoids; and
  • oxycodone.

Florida law makes it a first degree felony to sell or possess with intent to sell these substances within 1,000 feet of a K-12 school or certain other specified facilities or places.

For substances covered by s. 893.135, F.S. (including fentanyl, cocaine, oxycodone, hydrocodone, and heroin), if the sale meets the drug trafficking threshold, the sale is generally punished as a first degree felony.


Schedule I(c); Schedule II(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)c.7.,(2)(c)8., (2)(c)9., and (2)(c)10.; Schedule III; and Schedule IV

Florida law makes it a third degree felony to sell or possess with intent to sell any control substance found in Schedule I(c); Schedule II(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)c.7., (2)(c)8., (2)(c)9., and (2)(c)10.; Schedule III; and Schedule IV.

Examples of controlled substances in these schedules include:

  • amphetamine;
  • amphetamine derivatives (if designated);
  • anabolic steroids;
  • barbiturates (if designated);
  • cannabis; and
  • methamphetamine.

The crime can be charged as a second degree felony if it is committed within 1,000 feet of a K-12 school or other specified facilities or places.

For controlled substances covered by s. 893.135, F.S. (including cannabis, amphetamine, and methamphetamine), if the sale meets the drug trafficking threshold, the sale is generally punished as a first degree felony.


Schedule V Controlled Substances

Florida law makes it a first degree misdemeanor to sell or possess with intent to sell Schedule V controlled substances.

The crime is not enhanced for selling or possessing with intent to sell a Schedule V controlled substance within 1,000 feet of a K-12 school or other specified facilities or places, but there is a mandatory $500 fine and mandatory public service (100 hours).

Section 893.135, F.S., does not apply to a Schedule V controlled substance.


This article was last updated on Wednesday, March 22, 2020. 

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