Fla. Stat. § 893.13(1)

Possession With
Intent to Sell

The difference between simple possession and "intent to sell" is often circumstantial — scales, baggies, cash. Here is how the State builds that inference and how it’s challenged.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Realistic Scenario

Police find a modest amount of a controlled substance in your apartment — but also a digital scale, small plastic baggies, and several hundred dollars in cash. Even without a single witnessed sale, the State may charge you not with simple possession, but with possession with intent to sell, a far more serious offense.

How "Intent" Is Proven

Under § 893.13(1), it is illegal to sell, manufacture, deliver, or possess with intent to do so. Because intent is rarely stated outright, the State proves it through circumstantial evidence.

The Governing Statute
Fla. Stat. § 893.13(1) — Sale, Manufacture, or Delivery
"Except as authorized by this chapter … a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance."
Read the full statute on Online Sunshine →

Common "intent" indicators the State relies on: the quantity (more than personal use), packaging in multiple small units, scales, baggies, large amounts of cash, and communications suggesting sales.

The Actual Penalties

Intent to Sell — Statutory Penalties
Penalties depend on the substance’s schedule:

Schedule I/II drugs (cocaine, heroin, meth, oxycodone): typically a second-degree felony — up to 15 years in prison, up to $10,000 fine.

Cannabis: generally a third-degree felony — up to 5 years.

Enhancements apply for sales within 1,000 feet of a school, park, or other protected zone.

What a Defense Attorney Looks For

  • Whether "intent" is really there. Scales and baggies are consistent with personal use too; the inference of intent can be challenged.
  • The search and seizure. Suppressing the evidence can end the case.
  • Whether the charge should be simple possession — a dramatically lesser offense, often eligible for diversion.
  • The protected-zone enhancement — whether the location actually qualifies.

Frequently Asked Questions

How does Florida prove intent to sell?
Because intent is rarely stated, the State relies on circumstantial evidence — quantity beyond personal use, individual packaging, scales, baggies, large amounts of cash, and messages suggesting sales. Each of these can be challenged.
Is possession with intent to sell a felony in Florida?
Yes. Under § 893.13(1) it is a felony, with the degree depending on the substance — often a second-degree felony (up to 15 years) for Schedule I/II drugs and a third-degree felony for cannabis.
Can an intent-to-sell charge be reduced to simple possession?
Sometimes. If the evidence of intent is weak, a defense attorney may be able to challenge it and seek a reduction to simple possession, which carries far lighter penalties and may allow diversion.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 893.13(1) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.