How Does Orlando Law Address the Intent to Distribute in Drug Cases?

What is Intent to Distribute?

According to Florida Statutes, it is illegal for any person to sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver any controlled substance such as cannabis, methamphetamine, opioids, fentanyl, cocaine, heroin, LSD, GHB, ecstasy, or prescription drugs. In many drug possession cases, there is no actual intent of the accused to distribute, and the intent is added in order to enhance the charge and to extract a hasher plea.

How is Intent to Distribute Different From Simple Possession?

The State of Florida recognizes several drug laws relating to controlled substances, such as:

• Possession of a controlled substance
• Possession of drug paraphernalia
• Possession with the intent to sell, manufacture, or distribute
• Drug trafficking

Simple drug possession is knowingly and unlawfully possessing a controlled substance for personal consumption, while possession with the intent to sell is possessing a controlled substance with the intent to sell, manufacture, or distribute the drug to others.

Simple possession is recognized as a lesser offense but may still result in fines, probation, mandatory drug treatment programs, and possibly imprisonment.

How is Intent to Distribute Proven for Conviction?

In order to prove possession with the intent to distribute, the following elements must be proven:

• The accused knowingly and willfully had physical control over the illegal substance
• The substance is recognized as a controlled substance under Flordia law
• The accused intended to distribute the illegal substance to another individual

Other evidence used to suggest an intent to distribute are:

• The presence of large amounts of cash in or around the area where the controlled substance was found
• The presence of packaging that is consistent with drugs and drug-related sales
• The presence of scales, rolling papers, balances, testing kits, mixing devices, and other paraphernalia
• The presence of weapons
• Admissions by the accused or associates of the accused
• The types and amounts of substances found

Intent to distribute does not require a monetary transaction. Simply handing a large quantity of any controlled substance to another individual is enough to be considered intent to distribute.

As stated, actual distribution does not have to be proven. If an officer finds a large quantity of a controlled substance in a home or car, there is sufficient evidence to charge the individual with possession with the intent to distribute to extract a harsher penalty if convicted.

What Penalties are Associated with an Intent to Distribute?

The length of a sentence largely depends on the amount of and type of drugs that are found. While those accused of distributing marijuana can face a lower level third-degree felony, individuals accused of distributing cocaine or meth often face more serious, second-degree felony charges. Some of the more commonly charged crimes that involve possession of a controlled substance with the intent to distribute in Florida include the following penalties:

• Sale or delivery of Cannabis: Third-degree felony, up to five years of probation, a fine of up to $5,000, up to five years in state prison, driver’s license revocation for one year, professional license suspension if issued by the State of Florida.
• Sale or delivery of Cocaine: Second-degree felony, up to 15 years of probation, a fine of up to $10,000, up to 15 years in state prison, driver’s license revocation for one year, professional license suspension if issued by the State of Florida.
• Sale or delivery of MDMA: Second-degree felony, up to 15 years of probation, a fine of up to $10,000, up to 15 years in state prison, driver’s license revocation for one year, professional license suspension if issued by the State of Florida.
• Sale or delivery of Heroin: Second-degree felony, up to 15 years of probation, a fine of up to $10,000, up to 15 years in state prison, driver’s license revocation for one year, professional license suspension if issued by the State of Florida.
• Sale or delivery of Methamphetamine: Second-degree felony, up to 15 years of probation, a fine of up to $10,000, up to 15 years in state prison, driver’s license revocation for one year, professional license suspension if issued by the State of Florida.

It is important to note that any person found with a controlled substance in his or her possession that meets or exceeds certain amounts may face the more severe charge of drug trafficking.

Quantity Thresholds for Drug Trafficking

Controlled substances that either meet or exceed the following amounts are grounds for drug trafficking charges:

• Marijuana or cannabis: 25 pounds or 300 plants
• Cocaine: 29 grams
• Fentanyl: 4 grams
• Amphetamine: 14 grams
• Hydrocodone: 4 grams
• Oxycodone: 4 grams
• Morphine: 4 grams
• GHB: 1 kilogram
• Lysergic acid or LSD: 1 gram

What Are Common Defenses For Intent to Distribute?

While each criminal case varies based on individual circumstances, there are several common defenses used for cases involving an intent to distribute drugs. Such defenses include:

• Challenging the evidence of intent to sell
• Attacking circumstantial evidence
• Questioning witness testimony and credibility
• Challenging search and seizure procedures
• Seeking alternative resolutions, such as diversion programs
• Reviewing options such as drug rehabilitation
• Questioning entrapment
• Questioning if the accused had knowledge of what was in his or her possession

Do I Need an Attorney?

If you have been charged with a drug-related charge with the intent to distribute in the State of Florida, you need immediate and experienced legal representation. Call Panella Law Firm today at 407-233-1822, or you may submit a contact form for a free consultation.