Criminal Defense
Since 1993
Since 1993
Is It “Intent to Sell” or Just Buying in Bulk? (Why 60 Grams Isn’t Always Dealing)
By: John Guidry
There is a huge difference between being a drug user and being a drug dealer.
- Possession: Often results in probation or drug court.
- Intent to Sell: Can land you in prison with a felony conviction that brands you a drug dealer for life.
But police often jump to conclusions. If you buy a larger amount (to save money or trips), or if the drugs are split into a few baggies, they assume you are selling. That assumption is often legally wrong.
Charged with “Intent to Sell” just because you had a large amount?
The State must prove you were actually dealing. Call John today at (407) 423-1117.
The Case: The Parking Lot “Deal”
In a recent case, an officer was watching an apartment complex in an unmarked car.
- The Observation: He saw a man get into the passenger seat of my client’s van. The officer claimed he saw a “green and brown leafy substance” being exchanged for cash.
- The Stop: The van was pulled over shortly after.
- The Seizure: Police found 60 grams of cannabis (packaged in three baggies) and $50 cash.
The Charge: Possession of Cannabis with Intent to Sell or Deliver. The Reality: My client had just purchased the marijuana. He was the buyer, not the seller. But the police charged him with intent to sell anyway.
The Law: Quantity Alone Doesn’t Prove Intent
Just because you have a felony amount of marijuana (over 20 grams) doesn’t mean you intend to sell it. To prove “Intent to Sell,” the State usually needs more than just the drugs.
We filed a Motion to Dismiss, arguing that the facts only supported a charge of simple possession (purchasing), not selling.
Precedent Matters Florida courts have consistently ruled that possession of significant amounts of drugs—even when packaged in multiple baggies—is not enough by itself to prove dealing.
- ** Jackson v. State:** The court ruled that 5 grams of cocaine packaged in six separate baggies along with $400 cash was not enough to prove intent to sell. It was equally plausible the defendant bought it that way for personal use.
- ** Phillips v. State:** The defendant had 26.6 grams of marijuana split into 10 smaller baggies. The court overturned the conviction, ruling this was still consistent with personal use.
- ** Alleyne v. State:** The defendant had 18 baggies of marijuana and cash. An officer testified this was “not for personal use.” The appellate court disagreed, noting the officer never actually saw a sale occur.
Why We Moved to Dismiss
In our case:
- No Sales Witnessed: The officer saw my client buy the drugs (handing over money), not sell them.
- Low Cash: My client only had $50 on him. Drug dealers usually carry more cash than buyers.
- Packaging: 60 grams in three baggies is entirely consistent with buying a few ounces for personal use.
We argued that at best, the State could only prove Possession of Cannabis Over 20 Grams (still a felony, but a lesser one than dealing). The “Intent to Sell” charge was pure speculation.
John’s Takeaways
- Don’t let them label you a dealer. Police love to “upcharge” possession cases to “Intent to Sell” to force a plea deal. If the facts don’t fit, we fight to get that charge dismissed.
- Context is key. If you didn’t have scales, individual baggies for distribution, or large amounts of cash, the State has a hard time proving you were selling.
- Buying is not Selling. It sounds obvious, but purchasing a large amount makes you a consumer, not a distributor. We make sure the court understands that distinction.
Facing an “Intent to Sell” Charge?
If you were arrested for possession but charged with dealing, we need to look at the evidence. The difference between the two charges is massive.
Call me at (407) 423-1117. Let’s fight the overcharge.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.