Possession of drugs charges in Florida are a serious matter, but when those charges escalate to possession with intent to sell, the consequences become even more severe. Under Florida Statute Section 893.13(1)(a), it is illegal to possess a controlled substance with the intent to sell, manufacture, or deliver it. Prosecutors often use circumstantial evidence to justify these charges, which can lead to felony convictions and harsh penalties, including significant prison time.
If you’ve been accused of possessing drugs with the intent to sell in Florida, you need an experienced defense attorney in Tampa, Florida, to fight for your rights. Our Tampa drug attorneys are here to challenge the prosecution’s claims and work toward the best possible outcome in your case.
If You Were Just Arrested for Possession With Intent to Sell: What to Do Now
A PWITS charge is a serious felony that can result in years or decades in prison. If you have been arrested, what you do right now can determine the outcome of your entire case:
- Do not speak to police without an attorney. Tell the officer: “I want to speak with my attorney before answering any questions.” Do not explain what the substance is, who it belongs to, why you had cash, or anything about baggies, scales, or text messages. Every word you say becomes evidence.
- Do not consent to any search. Say clearly: “I do not consent to any search.” If police are already searching, do not physically resist, but state your objection clearly. How the drugs were discovered is often the most important issue in a PWITS case.
- Note exactly how the drugs were found. Write down where the drugs were located, who else was present, who owns the vehicle or residence, whether you were a driver or passenger, and the names of any witnesses. These details are critical for challenging constructive possession.
- Preserve all evidence. Save text messages, financial records, pay stubs, and anything that shows your income comes from legitimate sources, not drug sales. This evidence can rebut the prosecution’s claim of intent to sell.
- Do not discuss the case on jail phones. All calls from the Hillsborough County jail are recorded. Do not discuss the drugs, the arrest, or your case with anyone except your attorney.
- Contact Metcalf Falls at (813) 258-4800 immediately. We are available 24/7 and can attend your first appearance in court, argue for bond, and begin challenging the legality of the search from day one.
Understanding Possession with Intent to Sell in Florida
Under Florida Statute 893.13(1)(a), a person commits a felony offense if they are caught possessing any controlled substance with the intent to distribute it. The classification and penalties depend on the type of substance involved:
- Second-degree felony: If the controlled substance is listed under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., a conviction can lead to up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.
- Third-degree felony: If the controlled substance is listed under s. 893.03(1)(c), (2)(c)1.-(2)(c)10., (3), or (4), a conviction can result in up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
A conviction also results in a permanent felony record, which can impact employment, housing, and other aspects of your life.
What to Expect: The PWITS Case Process in Hillsborough County
Understanding what happens at each stage helps you make informed decisions and gives your attorney the best chance to build a winning defense:
Arrest and Booking
After arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road) for booking. PWITS is a felony, so bond amounts are typically higher than for simple possession charges. If trafficking-weight quantities are involved, bond can be very high or may require a bond hearing.
First Appearance and Bond
Within 24 hours, you appear before a judge who sets bond. The judge considers the type and quantity of drugs, your criminal history, and flight risk. Our attorneys attend first appearances to argue for the lowest possible bond. Understanding the bail bond system in Florida is essential for families trying to secure release.
Discovery and Pretrial Motions
This is the most critical phase. Your attorney obtains all discovery: the search warrant affidavit, body-cam footage, police reports, lab analysis results, chain of custody records, phone records, and text messages. We file motions to suppress evidence obtained through illegal searches. If the drugs are suppressed, the case collapses. We also challenge the lab’s identification and weight of the substance, which directly determines the severity of the charge. Understanding how the Fourth Amendment protects your criminal case is critical at this stage.
Diversion and Plea Negotiations
For certain first-time offenders, Hillsborough County offers diversion programs including pretrial intervention and drug court. Successful completion can result in charges being dismissed entirely, and you may qualify for Florida diversion programs depending on your circumstances.
When diversion is not available, we negotiate aggressively. A common outcome is reducing PWITS to simple drug possession, which dramatically reduces sentencing exposure (from up to 15–30 years down to 5 years). We also negotiate for probation, treatment programs, and time-served sentences when appropriate.
Trial and Sentencing
If no fair resolution is reached, the case goes to trial. The prosecution must prove beyond a reasonable doubt that you knowingly possessed the substance AND that you intended to sell it. Intent is the hardest element to prove, and the one we attack most aggressively. Florida sentencing guidelines determine the range of penalties a judge can impose.
How Does the Prosecution Prove Intent to Sell?
Unlike simple drug possession, a charge of possession with intent to sell requires the prosecution to prove that you not only had drugs in your possession but also planned to distribute them. Since there’s rarely direct evidence, prosecutors rely on circumstantial factors, such as:
- Large quantities of drugs: more than what’s considered reasonable for personal use.
- Packaging materials: small baggies, vials, or other distribution-related items.
- Scales or measuring tools: indicating that drugs were being divided for sale.
- Large amounts of cash, especially in small denominations.
- Weapons: often linked to drug trafficking cases.
- Witness testimony: informants or undercover officers claiming they were offered drugs.
If none of these factors are present, the prosecution may struggle to prove intent, which could lead to a dismissal or reduction of charges.
Can I Defend Against Possession with Intent to Sell Charges in Florida?
You have every right to defend against criminal charges, especially if you have been accused of possessing illicit substances with the intent to sell. You are innocent until you have been proven guilty, and the prosecutor must show you are guilty beyond a reasonable doubt.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we build strong defenses based on the facts of your case. Common defense strategies include:
Challenging the Evidence
We scrutinize every piece of the prosecution’s evidence: lab results, chain of custody records, field test reliability, and the weight of the substance. If the lab made errors in testing, if the chain of custody was broken, or if field tests produced a false positive, the prosecution’s case is weakened. We retain independent lab experts when needed. Understanding how prosecutors prove possession with intent to sell can help you evaluate the strength of the state’s case.
Unlawful Search and Seizure
This is the most common and most powerful defense in PWITS cases. If police searched your car, home, or person without a warrant, without probable cause, or by exceeding the scope of a warrant, all evidence found (the drugs, scales, baggies, cash, text messages) may be suppressed. We subpoena body-cam footage, review the search warrant affidavit for false statements, and challenge the legality of every step. We also challenge drug dog alerts used to justify vehicle searches, which are often unreliable. Several defense motions can get your case dismissed before trial.
If the drugs are suppressed, the entire case collapses, resulting in full dismissal.
Entrapment
If law enforcement induced you to commit a crime you would not otherwise have committed (for example, an undercover officer pressured you repeatedly to sell drugs when you had no prior history or intention), entrapment may apply. We investigate the circumstances of the transaction, review recordings and communications, and present evidence that the government’s conduct went beyond merely providing an opportunity to commit a crime.
Lack of Knowledge
If drugs were found in a shared residence, a friend’s car, or a common area, the prosecution must prove you actually knew the drugs were there. Mere proximity is not enough. We investigate who else had access to the area, whether fingerprints or DNA link you to the drugs, and whether other occupants are more likely possessors. The same principles that apply to actual vs. constructive drug possession are critical in PWITS cases.
Proving Lawful Possession
If the substance was a legally prescribed medication and you possessed it in accordance with your prescription, this is a complete defense. We obtain pharmacy records, medical records, and physician testimony to establish lawful possession. This defense is especially relevant for prescription drug charges.
Challenging Intent to Sell, Personal Use Defense
PWITS requires proof that you intended to sell the drugs, not just that you possessed them. The prosecution typically tries to prove intent through circumstantial evidence: large quantity, baggies, scales, large amounts of cash, and text messages about transactions. We challenge each of these inferences:
- Large quantity can indicate personal use by a heavy user, not distribution
- Cash can come from legitimate employment. We present pay stubs and financial records
- Baggies and scales have innocent explanations
- Text messages require proper authentication and context
If we can rebut the intent evidence, the charge is reduced to simple possession, dramatically lowering sentencing exposure from 15–30 years to 5 years or less. In many cases, it is possible to get drug possession charges dropped or reduced.
Schedule a Free Consultation With a Tampa Drug Crime Lawyer
A PWITS conviction can mean 15 to 30 years in prison depending on the substance and quantity. But these cases are often won on suppression grounds. If the search was illegal, the drugs get thrown out and the case collapses. Do not give the prosecution more evidence by talking.
Call (813) 258-4800 now for a free, confidential consultation with a former prosecutor who handles drug distribution cases in Hillsborough County every day. Available 24/7.
Penalties for Possession with Intent to Sell in Florida
The penalties for possession with intent to sell depend on the type of drug and the circumstances of the case:
In Florida, drug possession charges vary based on the type of drug and the amount involved.
Possessing cocaine, meth, or heroin is considered a second-degree felony, carrying a maximum sentence of up to 15 years in prison.
Meanwhile, possessing MDMA (Ecstasy) or prescription opioids without a valid prescription is a third-degree felony, which can result in up to 5 years in prison. Similarly, possessing more than 20 grams of marijuana is also classified as a third-degree felony, with a potential sentence of up to 5 years behind bars.
How Drug Schedule and Quantity Affect Your Charge
Under Florida Statute §893.13, penalties for PWITS depend on the specific substance and schedule:
- Schedule I substances (heroin, MDMA, GHB) are a second-degree felony. Up to 15 years in prison, $10,000 fine.
- Schedule II substances (cocaine, methamphetamine, fentanyl, oxycodone) are a second-degree felony. Up to 15 years in prison, $10,000 fine.
- Schedule III–IV substances (steroids, benzodiazepines, tramadol) are a third-degree felony. Up to 5 years in prison, $5,000 fine.
- Marijuana (over 20 grams with intent to sell) is a third-degree felony. Up to 5 years.
When Mandatory Minimums Apply
If the quantity of drugs meets or exceeds Florida’s trafficking thresholds under §893.135, you will be charged with drug trafficking instead of (or in addition to) PWITS. Trafficking carries mandatory minimum sentences that the judge cannot reduce:
- Cocaine 28+ grams: mandatory minimum 3 years
- Fentanyl 4+ grams: mandatory minimum 3 years
- Heroin 4+ grams: mandatory minimum 3 years
- Methamphetamine 14+ grams: mandatory minimum 3 years
Drug trafficking charges in Tampa carry additional mandatory minimum penalties.
Collateral Consequences
Beyond prison time, a PWITS conviction results in a permanent felony record, driver’s license suspension (mandatory under Florida law for drug convictions), loss of professional licenses, ineligibility for federal student aid, immigration consequences for non-citizens, loss of firearm rights, and severe employment barriers. The consequences of a criminal conviction extend well beyond the courtroom.
Additional Penalties
- Driver’s license suspension
- Substantial fines
- Mandatory drug treatment programs
- Probation and community service
- Forfeiture of assets linked to drug sales
A conviction also leads to a permanent criminal record, making it difficult to secure housing, jobs, or professional licenses.
Why You Need a Tampa Criminal Defense Attorney Now
A possession with intent to sell charge in Florida is not something you should face alone. Prosecutors aggressively pursue these cases, often pushing for the harshest penalties. Hiring a skilled defense attorney in Tampa, Florida, is your best chance at reducing or dismissing the charges.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we will:
- Review the evidence to challenge weak or circumstantial claims.
- File motions to suppress illegally obtained evidence.
- Negotiate with prosecutors to seek lesser charges.
- Defend your rights aggressively in court.
FAQs About Possession with the Intent to Sell in Florida
Can I Be Charged with Possession with Intent to Sell Even if No Sale Occurred?
Yes. In Florida, you don’t have to be caught selling drugs to face possession with intent to sell charges. Prosecutors can rely on circumstantial evidence, such as the quantity of drugs, packaging materials, or the presence of large amounts of cash, to argue that you intended to distribute the substance. Even if you had no actual plans to sell, law enforcement can still charge you based on these factors.
Does a Possession with Intent to Sell Charge Always Lead to Jail Time?
Not necessarily. While these charges are serious felonies that can result in prison time, an experienced defense attorney may be able to negotiate reduced charges, alternative sentencing, or even dismissal. Options such as probation, drug court, or pretrial diversion programs may be available, depending on your case details, criminal history, and the strength of the prosecution’s evidence.
Can a Possession with Intent to Sell Conviction Be Expunged from My Record?
In most cases, no. Florida law prohibits the expungement or sealing of felony drug convictions, including possession with intent to sell. However, if the charges are dismissed or you are acquitted, you may be eligible to have your record expunged or sealed. A knowledgeable criminal defense attorney can help determine whether you qualify for record relief.
How Do Prosecutors Prove Intent to Sell in Florida?
Prosecutors use circumstantial evidence: the quantity of drugs, packaging materials (baggies, scales), large amounts of cash, text messages discussing transactions, and witness testimony. They do not need to prove an actual sale occurred, only that you intended to sell. An experienced defense attorney challenges each piece of this circumstantial evidence. Understanding how prosecutors prove possession with intent to sell is key to building a strong defense.
Can PWITS Charges Be Reduced to Simple Possession?
Yes. If the prosecution cannot prove intent to sell beyond a reasonable doubt, we negotiate a reduction to simple drug possession, which dramatically reduces sentencing exposure. For example, a second-degree felony PWITS charge (up to 15 years) can be reduced to a third-degree felony possession charge (up to 5 years). In some cases, diversion or probation is achievable. In many cases, it is possible to get drug charges dropped or reduced.
Why Work With Our Tampa Drug Charge Defense Lawyers?
Any conviction involving drugs carries serious penalties and consequences, even after you have served your time and paid your fines. You shouldn’t let one conviction ruin your future, especially if you didn’t make an illicit sale. Without the right top lawyers in Tampa who know how Tampa’s courts work, you could be facing the worst on your own. Additionally, scrutiny by potential employers, landlords, and financial institutions could make life difficult after a conviction. You might not be able to secure a job, rent a home, return to school, or qualify for loans.
As an experienced drug charge lawyer in Tampa, Attorney Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he uses to his clients’ advantage in all drug charge cases.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of drug-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett develops a robust defense strategy, aiming for pretrial dismissal, an acquittal, or minimized penalties based on the specifics of your situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Possession With Intent to Sell Defense Lawyer Today
A PWITS conviction can devastate your life: years in prison, a permanent felony record, loss of your driver’s license, and severe barriers to employment and housing. But these cases are winnable. Illegal searches, weak intent evidence, and constructive possession challenges give experienced attorneys real leverage.
Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of drug cases. As a Tampa drug crime lawyer, he knows exactly how prosecutors build PWITS cases, and how to dismantle them. Our Tampa criminal defense attorneys fight aggressively for every client.
Call (813) 258-4800 now or contact us online to schedule your free, confidential consultation. We are available 24 hours a day, 7 days a week.
If your case is resolved favorably, expungement may be an option. Florida sentencing guidelines determine the range of penalties you face.
