The Government uses evidence of packaging, excessive weight, presence of paraphernalia (scales, ring baggies, etc) associated with distribution to upgrade a felony possession to the charge of possession w/ intent to sell.
MISDEMEANOR vs. FELONY: PART II
Even if the weight is less then 20 grams, the police and the Government have looked at other factors in an effort to upgrade charges to felonies. Some factors include -
1. Packaging (ring baggies?);
2. Amount of money found with marijuana;
3. Presence of scales with marijuana;
Possession with Intent to Sell Marijuana is also a 3rd degree felony in the State of Florida. A 3rd degree felony is punishable by up to 5 years State prison. In addition, a conviction for a drug offense 'with intent to sell' may lead to special statutory enhancements of present and future prison sentenced.
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