Under Section 893.13(1)(a), Fla. Stat., it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis, methamphetamine, fentanyl, opioids, or cocaine.

Meaning of Sell and Manufacture

To ‘sell,’ means to transfer or deliver a controlled substance to another person in exchange for money or something of value.

Manufacture means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance.


Possession with Intent to Sell, Manufacture, or Deliver is generally classified as a second degree felony with penalties up to 15 years in prison.

However, numerous statutory enhancements exist based on the nature of the substance, the location where the offense occurred, and the presence or involvement of minors.

Proving Possession With Intent to Sell

In most Florida drug possession cases, there is no actual intent to sell or deliver on part of the accused. The alleged “intent to sell” is often added to simple possession cases in order to enhance the charge and extract a harsher plea.

If the prosecution insists on enhancement for possession with intent to sell, they can use any number of evidentiary factors as proof, including:

  • The presence of large amounts of cash in or around the premises or vehicle where the contraband was located;
  • The presence of baggies and other packaging consistent with drugs and drug sales;
  • The presence of other paraphernalia such as scales, rolling papers, balances, testing kits, and mixing devices;
  • The presence of weapons;
  • Admissions by the accused and those associated with the accused;
  • The type and amount of controlled substances found;

Often, the factors cited by the prosecution as evidence of possession with intent to sell are consistent with personal use.

Paraphernalia found on the premises may also serve a “dual use” purpose, which is consistent with legal activity. The prosecution may also find it difficult to prove that the accused himself was in possession of all the items that indicated an intent to sell.

Contact an Attorney

If you have been accused of possession of a controlled substance with intent to sell, manufacture or deliver, contact Hussein & Webber, PL for a free consultation.