Sale of Cannabis (Marijuana)

In the State of Florida, it is illegal to:

• Sell cannabis
• Deliver cannabis
• Manufacture cannabis
• Possess cannabis with intent to sell
• Possess cannabis with intent to deliver
• Possess cannabis with intent to manufacture

Penalties for Sale or Delivery of Cannabis

The charge of Sale or Delivery of Cannabis is a third degree felony in Florida, punishable by up to:

• 5 years in prison,
• 5 years of probation
• A $5,000 fine, and
• A 6-month driver’s license suspension
• Suspension of any State-issued professional license

Penalties for Delivery of Cannabis Without Consideration

The charge of Delivery of Cannabis Without Consideration is a first degree misdemeanor in Florida, punishable by up to:

• 1 year in jail,
• 1 year of probation,
• A $1,000 fine, and
• A 6-month driver’s license suspension
• Suspension of any State-issued professional license

According to Florida's drug laws, being convicted Sale of Cannabis will result in the DHSMV suspending your driver’s license or driving privileges for six months. In addition, the State of Florida will suspend any professional license you have that allows you to practice a profession or trade, and was issued by the State of Florida.

Under Florida’s Criminal Punishment Code, the Sale or Delivery of Cannabis is considered a level 3 criminal offense. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony cannabis charges.

Fighting Sale or Delivery of Cannabis in Florida

At Aaron Delgado & Associates, we are highly experienced with defending sale and delivery of cannabis charges. There are several possible defenses your drug crime lawyer may be able to take, including:

• Constructive Possession
• Illegal Search and Seizure
• Lack of Knowledge
• Personal Use

Constructive Possession of Cannabis

If the cannabis was found somewhere that at least one other person has access to, it would be considered “constructive” possession. With constructive possession, before you are able to be convicted of Sale or Delivery of Cannabis, the prosecutor must prove that you had (1) knowledge of the cannabis’s presence, and (2) dominion and control over the cannabis.

Depending on your situation, your lawyer may be able to argue that the prosecutor failed to meet the burden of proof for constructive sale or delivery of cannabis.

Illegal Search and Seizure

Often enough, law enforcement officers coerce or illegally require a person to submit to a search of their person, vehicle, or possessions. If your attorney is able to prove that the evidence against you was obtained illegally, the court will suppress the evidence.

You may also be able to suppress evidence if a search warrant was issued in bad faith or if you were arrested without probable cause.

Lack of Knowledge

If you are able to prove that you did not know about the cannabis, you may be able to get out of the charge. However, you will need to testify to your lack of knowledge about the illegal nature of the substance.

Personal Use

Yes, personal use can be a defense against Sale or Delivery of Cannabis. If you and your lawyer pursue this route to your defense, the State will have to provide evidence demonstrating that your possession was inconsistent with “personal” possession. They may do this by presenting evidence of:

• An “abnormal” amount of cannabis
• Bundled money
• Weighing scales
• Ledgers
• Distribution paraphernalia

Contact Drug Crime Lawyers Aaron Delgado & Associates

If you or a loved one have been charged with Sale or Delivery of Cannabis in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime lawyers are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight your charges.