When a criminal defense lawyer analyzes a possession with intent case, he/she is not only looking at the three elements that the prosecutor must prove. Rather, a criminal defense lawyer must also consider the legal definitions for all of the terms used in those elements as well.
Even though words like “sell” and “possession” have very simple, every day meanings, Florida Statutes gives them very specific legal definitions that are used in cocaine cases. In fact, at the end of a trial for possession with intent, the judge will read these definitions to the jury before they retire for deliberations. The specific words at issue are:
- Sell
- Manufacture
- Deliver
- Possess
According to its legal definition, the word “sell” means to transfer something to another person in exchange for money or something of value. It also includes transfers to other person in exchange for a promise of money or a promise of something of value.
Thus, “selling” includes cases where cocaine is sold on credit.
According to Florida Statute 893.02(13)(a), the definition of “manufacture” includes the production, preparation, packaging, labeling (or relabeling), propagation, compounding, cultivating (such as is done with coca plants), growing, conversion, or processing of a controlled substance.
The official list of all controlled substances is found in Chapter 893 of Florida Statutes.
Obviously, cocaine is listed as a controlled substance.
By definition, manufacturing includes actions that are both direct or indirect. It also includes extraction of substances from their natural origin (like when hash is made from shaken cannabis buds) or by chemical synthesis (as is done to extract cocaine from coca leaves). Manufacturing can also include a combination of natural extraction and extraction by chemical synthesis.
Florida Statute 893.02(5) defines “delivery” as the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. In law, an “agency relationship” is said to exist when one person has the authority to act on behalf of another person. The person doing the acting is called the “agent” and the person being represented is the “principal.”
The concept of “actual possession” versus “constructive possession” can be tricky. For example, a person is in actual possession of cocaine when he/she has the cocaine in their hand, pocket, or person. However, when a person is able to exercise control over cocaine that he/she does not have in their actual possession, that is considered to be “constructive possession.” The difference between these two terms will be discussed at greater length in the next section.