Possession with Intent to Sell/Manufacture/Deliver is a type of drug crime that refers to the possession of an illegal narcotic with the intention of selling or dealing the narcotic to a third party. Narcotics include, but are not limited to: marijuana, heroin, cocaine, methamphetamines, and unauthorized prescription medications.

Possession with Intent to Sell/Manufacture/Deliver Marijuana is a third degree felony, punishable by up to five years in Florida State Prison. Possession with Intent to Sell/Manufacture/Deliver Cocaine/Controlled Substances is a second degree felony, punishable by up to fifteen years in Florida State Prison.


When law enforcement suspects that a person has committed the crime of possession with intent to sell/manufacture/deliver, they do not have to prove that the person sold any drugs. Rather, they must prove that the person “intended” to sell the drugs he/she had in his/her possession.

Some of the things officers will look at to determine what to charge include but are not limited to:

  • Amounts of drug in his/her possession
  • Amounts of cash in his/her possession
  • How the drugs are packaged (if the drugs are individually packaged, law enforcement will usually presume that the person is intending to sell narcotics)
  • Area of Town (are drug transactions common in the area)

Unfortunately, it is usually up to the discretion of the investigative officer based on his law enforcement experience as to whether to charge possession with intent to sell/manufacture/deliver or simple possession.


If you have been charged with possession for sale, you should speak with an experienced drug crime defense attorney immediately. It is important that you become familiar with your legal options from the onset of your criminal charges so that you can make effective decisions.

By working with a drug crimes defense attorney, like the attorneys at Hager & Schwartz, P.A., you will ensure that you receive the advice and representation you need to protect yourself throughout each phase of the criminal process.

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