What is the difference between intent to sell and possession for sale?
Intent to sell and possession for sale are two different drug crimes in Florida. Intent to sell typically includes the intent to deliver a controlled substance or a medical drug without a valid prescription. It can include selling, delivering, or giving away a drug and is generally charged as a third-degree felony. Possession for sale consists of having a certain amount of a controlled substance or a medical drug without a valid prescription in one’s possession with the intent to sell it. This is typically charged as a second-degree felony. The amount of the controlled substance or drug in one’s possession affects the severity of the crime; if the amount is less than the amount required to be considered a drug trafficker, then it is considered only possession for sale. The main difference between the two is that intent to sell involves the intent to deliver a controlled substance or a medical drug without a valid prescription, whereas possession for sale involves having a certain amount of a controlled substance or a medical drug in one’s possession, with the intent to sell it. Both charges carry strict penalties, including steep fines up to $10,000 and incarceration.
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