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Under Section 893.13(1)(a), Florida Statutes, it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis (marijuana).
A violation of this section can be classified as a second or third degree felony, depending on the nature of the substance involved. Possession of cannabis (a Schedule 1 substance) with intent to sell, manufacture, or deliver is classified as third degree felony, punishable by up to 5 years in prison.
To prove possession of a controlled substance with intent to sell, manufacture, or deliver, the prosecution must establish the following three elements beyond a reasonable doubt:
- The defendant possessed a certain substance with the intent to sell, manufacture, or deliver the substance;
- The substance was a controlled substance as defined in Section 893.03, Florida Statutes;
- The defendant had knowledge of the substance.
Under Florida drug possession statute, the term “sell” means to transfer or deliver something to another person in exchange for money or something of value, or a promise of money or something of value. “Possession” means that an accused had personal charge of or exercised the right of ownership, management, or control over the thing possessed.
Based on the facts you provided, there's nothing here to suggest you had intent to distribute anything. There was no transfer or delivery of drugs or money. Granted, there may have been large amounts of drugs and/or money at your friend's house, but this seems like a case of being in the wrong place at the wrong time. Unless there were admissions made by you to the police, or you are being directly implicated as an accomplice by your friend, there's nothing to go by here (and even an accusation by your friend can be challenged and would need to be supported by evidence).
You should definitely consult with a defense attorney before your court date (many offer free or low cost initial consultations), but this sounds like a matter where a lawyer could file a motion to dismiss and argue there was no probable cause for even an arrest to be made.
If you need clarification or additional information, please REPLY, and I'll be happy to assist you further. Thank you.