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Sale of Cannabis

Sale or Delivery of Cannabis in Florida

Florida Statute §893.13(1)(a)(1) states that a person may be charged with Sale or Delivery of cannabis if they deliver, manufacture, or sell cannabis, or possesses it with the intention of delivering, manufacturing, or selling cannabis.

Applicable Penalties

This offense is a Felony of the Third Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment period not exceeding 5 years 

Suspension of Driver's License

As per Florida Statute §322.055, a person who has been convicted of this offense is also liable to have their driving privilege or driver's license be revoked for a period of 1 year by Florida's DHSMV authorities.

Applicable Defenses

Constructive Possession

In case the cannabis was discovered at a location that was freely accessible to multiple people, the prosecution will have to prove the existence of 2 additional elements before the defendant may be convicted under this law.

Control and dominion over the cannabis, meaning that they had the ability to do more than just reach out & touch them. Knowledge of the presence of the cannabis must be proven beyond a reasonable doubt.

Illegal Search and Seizure

Law enforcement officers often exceed the limits of their power and authority. They may force people to allow a body, home, or vehicle search; or coerce them into agreeing to such searches. If you're able to prove that they had subjected you to such a search or coerced you to agree to a search, any evidence resulting from such searches are held to be obtained illegally.

Other instances of this defense also include: If you had been arrested without ample or probable cause or if you were served an illegal search warrant by the authorities.

Lack of Knowledge

This is also a valid, affirmative defense that you can exercise against this charge. In case you're able to show that you were unaware of the illegal nature of the substances in your possession, you can argue this defense, provided you testify to this extent. 

Personal Usage

In all such cases, it is up to the State prosecutor to present reliable evidence that the possession of cannabis was not for personal usage. Qualifying evidence includes distribution paraphernalia, ledgers, bundled money, scales, or abnormal quantities of drugs.

Contact Criminal Defense Lawyer Larry Avallone
If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is free. I am ready to provide legal advice regarding the next steps of your case.