DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR DISTRIBUTE

W. F. "Casey" Ebsary Jr

11 months ago

Facing DRUG1300 Charges in Hillsborough County? Possession of Cocaine with Intent to Sell Defense (Updated for 2025)

An arrest for Possession of Cocaine with Intent to Sell or Distribute in Florida, often logged under the code DRUG1300 in Hillsborough County criminal records, is a charge that demands immediate and serious attention. This is not a minor offense; it’s a felony that carries the potential for lengthy imprisonment, crippling fines, and a permanent mark on your record that can derail your future prospects for employment, housing, professional licenses, and even basic civil rights like voting or owning a firearm.

If you or someone you know is facing a DRUG1300 charge in Tampa, Plant City, or anywhere within Hillsborough County, you are likely feeling overwhelmed, scared, and uncertain about what comes next. The State Attorney’s Office prosecutes drug crimes aggressively. You need a defense attorney who understands the specific nuances of Florida drug law as outlined in the official statutes, knows the local court system, and is prepared to fight vigorously to protect your rights and your future.

My name is W.F. “Casey” Ebsary Jr., and I am a Tampa-based criminal defense attorney. For years, I have dedicated my practice to defending individuals against serious felony charges, including Possession with Intent to Sell Cocaine (DRUG1300). I understand the stakes are high, and I am committed to providing a strategic, aggressive defense tailored to the specific facts of your case.

Don’t face the power of the State alone. Call me, Casey Ebsary, 24 hours a day, 7 days a week at 813-222-2220 for a free, confidential consultation to discuss your DRUG1300 charge.

Understanding Possession of Cocaine with Intent to Sell (DRUG1300) Under Florida Law

The core statute governing this offense is Florida Statute § 893.13(1)(a) This law explicitly states that, except as authorized, it is unlawful for any person to “sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”

Cocaine is explicitly listed as a Schedule II controlled substance under Florida Statute § 893.03(2)(a)4. While simple possession of cocaine is itself a felony, the allegation that you intended to sell, manufacture, or deliver it significantly increases the severity of the charge and the potential penalties.

What the Prosecution Must Prove Beyond a Reasonable Doubt:

For the Hillsborough County State Attorney to secure a conviction for Possession of Cocaine with Intent to Sell (DRUG1300) under F.S. § 893.13(1)(a), they carry the burden of proving all of the following elements:

Knowing Possession: The accused knowingly had possession of the substance. Possession can be:
- Actual Possession: The substance was found on the person’s body, in their hand, or in a container in their hand or pocket – essentially, within immediate physical control.
- Constructive Possession: The substance was not on the person but was located in a place over which the accused exercised dominion and control (e.g., their car, their room), the accused knew the substance was present, and the accused knew of the illicit nature of the substance. Proving constructive possession can be complex, especially if multiple people had access to the location where the drugs were found.
Identification of Substance: The substance possessed was, in fact, cocaine. This typically requires chemical analysis by a state crime lab.
Intent to Sell, Manufacture, or Deliver: The accused possessed the cocaine not merely for personal use, but with the specific purpose of distributing it to others. This is often the most heavily contested element in DRUG1300 cases.

Inferring “Intent to Sell”: How Prosecutors Build Their Case

Direct evidence of intent to sell (like a recorded confession or a witnessed sale) is uncommon. Therefore, prosecutors typically rely on circumstantial evidence to convince a judge or jury of the accused’s intent. Common factors they point to include:

Quantity of Cocaine: Possessing an amount larger than what is typically considered for personal use (though Florida Statute § 893.135 establishes specific trafficking weights starting at 28 grams, even amounts less than this can be argued as intent to sell based on other factors).
Packaging: Cocaine divided into multiple, smaller, individually wrapped packages (e.g., small baggies, vials) consistent with street-level sales.
Presence of Drug Paraphernalia Associated with Sales: Items like digital scales, cutting agents (substances used to dilute cocaine), ledgers or records documenting transactions, and large sums of cash, especially in small denominations.
Absence of User Paraphernalia: The lack of items typically associated with personal cocaine consumption (like pipes, straws, or rolled bills).
Location: The arrest taking place in an area known by law enforcement for high drug trafficking activity.
Statements/Communications: Text messages, phone calls, or statements overheard by officers or witnesses that suggest drug dealing.
Firearms: The presence of firearms alongside the drugs can sometimes be used to imply protection of a drug-selling operation.

A skilled defense attorney scrutinizes each piece of circumstantial evidence the State presents, challenging its interpretation and presenting alternative, innocent explanations where applicable to combat the allegation of intent.

Penalties for Possession of Cocaine with Intent to Sell in Florida (as of 2025)

According to Florida Statute § 893.13(1)(a)1, Possession of Cocaine (as a Schedule II substance under F.S. 893.03) with Intent to Sell, Manufacture, or Deliver is classified as a Felony of the Second Degree. Per Florida’s general sentencing statutes F.S. § 775.082 and F.S. § 775.083 , potential penalties include:

Prison: A term of imprisonment not exceeding fifteen (15) years.
Probation: Up to fifteen (15) years of supervised probation.
Fines: A fine not exceeding $10,000.
Driver’s License Suspension: A mandatory minimum 6-month suspension/revocation of driving privileges upon conviction, pursuant to Florida Statute § 322.055 .
Permanent Felony Record: A felony conviction carries significant lifelong consequences, affecting rights and opportunities regarding employment, housing, firearm ownership, voting, and professional licensing.

Aggravating Factors Leading to Harsher Penalties:

Florida law specifies circumstances that can significantly increase the severity of the charge and potential penalties:

Proximity to Specific Locations: Under F.S. § 893.13(1)(c)-(f) , committing the offense (selling, manufacturing, delivering, or possessing with intent) within 1,000 feet of a school (between 6 a.m. and midnight), childcare facility, park, community center, place of worship, assisted living facility, public housing facility, or college/university elevates the crime to a Felony of the First Degree.
- A first-degree felony is punishable by up to thirty (30) years in prison (F.S. § 775.082(3)(b), and a fine of up to $10,000 .
- Certain offenses under this subsection, particularly near schools or childcare facilities, carry mandatory minimum prison sentences of 3 years.
Prior Convictions (Habitual Offender Laws): If you have prior felony convictions, the State may seek enhanced penalties under Florida Statute § 775.084 . Depending on the nature and timing of previous convictions, you could face significantly longer prison sentences and potential mandatory minimum terms as a Habitual Felony Offender (HFO) or Habitual Violent Felony Offender (HVFO).
Trafficking Thresholds: Possessing 28 grams or more of cocaine or any mixture containing cocaine automatically triggers Florida’s harsh drug trafficking laws F.S. § 893.135, . This is a separate, more serious first-degree felony charge carrying mandatory minimum prison sentences and extremely high fines, regardless of actual intent to sell:
- 28g to < 200g: Minimum 3 years prison + $50,000 fine.
- 200g to < 400g: Minimum 7 years prison + $100,000 fine.
- 400g to < 150kg: Minimum 15 years prison + $250,000 fine.

Important Note on Sentencing: Florida uses a Criminal Punishment Code (CPC) scoresheet to guide sentencing. Factors like the primary offense level, additional offenses, victim injury (rare in these cases but possible), and the defendant’s prior record generate points. A certain point threshold mandates a state prison sentence unless the judge finds grounds for a downward departure. An experienced attorney understands the scoresheet system and can argue for mitigating factors or departure grounds.

Understanding the Charge Code: DRUG1300

If you or a loved one has been arrested in Hillsborough County and reviewed the arrest affidavit or court documents, you might encounter the specific designation DRUG1300. What exactly does this alphanumeric code signify? DRUG1300 is an internal code frequently utilized by law enforcement agencies and the court system within Hillsborough County (and potentially neighboring jurisdictions) to specifically categorize the charge of Possession of Cocaine with Intent to Sell, Manufacture, or Deliver. It corresponds directly to the offense outlined in Florida Statute § 893.13(1)(a) when the controlled substance involved is cocaine, classified under Schedule II.

While “DRUG1300” isn’t part of the official statutory language itself, it acts as a critical shorthand for police, prosecutors, defense attorneys, and court clerks navigating the criminal justice system. Seeing DRUG1300 on paperwork confirms that the State is alleging more than simple possession; they believe they have evidence indicating an intent to distribute. Understanding this code helps clarify the precise nature and severity of the charge you are facing—a second-degree felony with significant potential penalties.

Therefore, searching for defenses against a DRUG1300 charge means seeking effective legal strategies to combat allegations of Possession of Cocaine with Intent to Sell within the specific context of the Hillsborough County legal environment. Given the serious consequences linked to DRUG1300, prompt action is essential. At the Law Office of W.F. “Casey” Ebsary Jr., we are familiar with how DRUG1300 cases are handled locally and are prepared to build a robust defense. If this code appears in your case, contact us immediately at 813-222-2220.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Potential Defenses to Possession of Cocaine with Intent (DRUG1300)

Just because you’ve been arrested doesn’t mean you will be convicted. A knowledgeable criminal defense attorney can identify and assert various defenses to challenge a DRUG1300 charge. Some potential avenues include:

Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches. If police stopped your vehicle without reasonable suspicion, searched your home without a valid warrant (or a valid exception to the warrant requirement), or otherwise violated your constitutional rights, the cocaine and any other evidence seized might be suppressed. A successful motion to suppress can gut the prosecution’s case.
Lack of Possession (Actual or Constructive): Can the State definitively link the cocaine to you?
- Constructive Possession Challenges: If drugs were found in a car with passengers, a shared apartment, or another area where multiple people had access, the State must prove you had knowledge of the drugs’ presence and the ability to exercise dominion and control over them. Mere proximity is often insufficient.
- Actual Possession Challenges: Was the item truly “on your person”? Was the discovery procedure lawful?
Lack of Knowledge: The State must prove you knew the substance was cocaine. If you reasonably believed it was something else, or if it was hidden in your belongings by someone else without your awareness, this could be a defense.
No Intent to Sell: This is frequently the core battleground. Arguments can include:
- The quantity possessed was consistent with personal use, not distribution.
- Lack of typical distribution indicators (no scales, baggies, large cash amounts, ledgers, incriminating messages).
- Evidence of personal use (presence of user paraphernalia).
Problems with the Evidence:
- Chain of Custody: Any breaks or inconsistencies in how the alleged cocaine was handled, stored, and transported from seizure to the lab can cast doubt on its integrity.
- Lab Testing: Challenging the methodology or results of the crime lab’s analysis. Was the substance definitively identified as cocaine? Was the weight accurate (especially crucial near trafficking thresholds)?
Entrapment: If law enforcement officers or their agents improperly induced or persuaded you to commit a crime that you were not otherwise predisposed to commit.
Issues with Confidential Informants (CIs): Cases built on CI testimony are often vulnerable. A defense attorney will investigate the CI’s reliability, motivation (deals for testimony?), and potential biases, as well as whether police properly corroborated the CI’s information.
Florida’s 911 Good Samaritan Act F.S. § 893.21, This law provides limited immunity from arrest, charging, and prosecution for certain possession offenses (and paraphernalia) for individuals who, acting in good faith, seek medical assistance for someone (including themselves) experiencing a drug or alcohol overdose. Eligibility depends on specific circumstances.

Developing the right defense strategy requires a detailed analysis of your unique case facts. I will explore every possible angle. Visit my website for more general information on drug crime defense.

Potential Resolutions Beyond Trial

While preparing a robust defense for trial is crucial, many cases are resolved before reaching a jury. Depending on the specific facts, the strength of the evidence, your criminal history, and negotiation, potential alternative resolutions include:

Dismissal of Charges: If critical evidence is suppressed due to constitutional violations, or if the prosecution cannot meet its burden of proof, charges may be dismissed outright or dropped via a “nolle prosequi.”
Reduced Charges: Negotiating a plea agreement where you plead guilty or no contest to a less serious offense, such as simple Possession of Cocaine (a third-degree felony) or even misdemeanor paraphernalia, resulting in lesser penalties.
Pre-Trial Intervention (PTI) or Drug Court: For eligible individuals (often first-time offenders or those with limited prior records), these diversion programs focus on rehabilitation rather than punishment. Successful completion typically leads to the dismissal of the charges. Admission usually requires approval from the State Attorney’s Office.
Withholding Adjudication: In some plea agreements, the judge may agree to withhold adjudication of guilt. While you still face penalties (like probation), avoiding a formal felony conviction can prevent the loss of certain civil rights and may be less damaging for future employment or licensing.
Probation: A sentence involving supervision in the community instead of prison, often with conditions like drug testing, counseling, community service, and fines.

Why You Need W.F. “Casey” Ebsary Jr. for Your Hillsborough County DRUG1300 Defense

Facing a felony drug charge like Possession of Cocaine with Intent to Sell demands experienced legal counsel familiar with local practices. Here’s why you should consider my firm:

Local Hillsborough County Experience: I practice regularly in the Thirteenth Judicial Circuit Court in Tampa. I am familiar with the local State Attorney’s office policies, the judges, and the specific procedures used in Hillsborough County drug cases.
Deep Knowledge of Florida Drug Laws: I was a Hillsborough County Drug Prosecutor and constantly monitor changes in statutes, case law (court decisions), and sentencing guidelines relevant to drug offenses.
Aggressive & Strategic Defense: I believe in a proactive defense. I will thoroughly investigate the State’s case, identify weaknesses, file appropriate motions (like Motions to Suppress or Dismiss), and aggressively advocate for your rights, whether in negotiations or in the courtroom.
Direct Attorney Contact: When you hire my firm, you work directly with me, Casey Ebsary. I prioritize clear communication, ensuring you understand the legal process, your options, and the status of your case.
Focus on Favorable Outcomes: My goal is always to achieve the best possible result for you, whether that means fighting for a complete dismissal, negotiating a significantly reduced charge, securing entry into a diversion program, or winning an acquittal at trial.
Available 24/7: I understand that legal emergencies require immediate attention. My phone line (813-222-2220) is open 24/7.

25 Year Old Warrant Review

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Had I not found Casey and his team, I would have been extradited from Tennessee to Florida on a 25 year old warrant. Casey and his team got my charges dropped and the warrant cancelled. They were compassionate, diligent in their work, and did their homework on my case. If you need an attorney, Casey is AAA+++.
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Frequently Asked Questions (Q&A) about Possession of Cocaine with Intent (DRUG1300)

What’s the main difference between simple possession and DRUG1300 in Florida?

Simple possession (usually a 3rd-degree felony) is possessing cocaine for personal use. DRUG1300 (Possession with Intent, a 2nd-degree felony) requires the State to prove you intended to sell, make, or deliver it. Penalties are much higher for DRUG1300.

Can I be charged with intent (DRUG1300) even if I didn’t actually sell anything?

Yes. The charge is based on intent, not a completed sale. Prosecutors use circumstantial evidence (quantity, packaging, scales, etc.) to try and prove that intent.

What if the cocaine wasn’t mine or I didn’t know it was in my car/house?

This involves defenses like Lack of Knowledge or challenging Constructive Possession. The State must prove you knew about the drugs and had control over them. If multiple people had access, it complicates the State’s case.

Is there a specific amount of cocaine that automatically triggers a DRUG1300 charge?

Below the 28-gram trafficking threshold, there’s no set amount. Any quantity can support an intent charge if other factors (packaging, scales) are present. However, larger amounts make the State’s argument easier.

What if police found scales or baggies but only a small amount of cocaine?

Police will likely still charge DRUG1300 based on the paraphernalia. However, a defense attorney can argue the amount is consistent with personal use and challenge the inference of intent based solely on the items.

Does a DRUG1300 conviction always mean prison?

Not automatically, unless mandatory minimums apply (e.g., trafficking weight, gun enhancement, certain location enhancements under F.S. § 893.13. However, as a 2nd-degree felony scoring under the Criminal Punishment Code, prison is a significant risk, especially with a prior record. Your attorney’s goal is to avoid prison through dismissal, acquittal, reduced charges, or alternative sentencing.

What are the first things I should do if arrested for DRUG1300?

Politely but firmly state you wish to remain silent and want an attorney. Do not answer police questions, consent to searches, or make any statements without counsel present. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately.

Can Casey Ebsary get my DRUG1300 charge reduced or dismissed?

While no attorney can guarantee results, my goal is always to seek the best possible outcome. This often involves fighting for dismissal via motions, negotiating favorable plea deals to lesser charges (like simple possession), or securing acquittal at trial. Success depends on the specific facts and evidence.

How does “constructive possession” work in Florida?

It applies when drugs aren’t on your person. The State must prove (1) you knew the drugs were there, (2) you knew they were illegal, and (3) you had “dominion and control” over the place where they were found (e.g., your car, your bedroom).

Will a DRUG1300 charge suspend my driver’s license?

Yes. If adjudication is not with held, Under F.S. § 322.055 any conviction for a drug offense, including DRUG1300, results in a mandatory minimum 6-month driver’s license revocation by the Florida DHSMV.

Don’t Delay – Protect Your Future Today

A charge of Possession of Cocaine with Intent to Sell or Distribute (DRUG1300) in Hillsborough County is a serious legal battle with potentially devastating consequences. You need a defense lawyer who will stand by your side, fight for your rights, and pursue every legal avenue to protect your freedom and future.

Do not wait. Evidence can disappear, witness memories can fade, and the prosecution is already building its case. The sooner you have an experienced attorney involved, the stronger your defense can be.

Call the Law Office of W.F. “Casey” Ebsary Jr. right now at 813-222-2220. We are available 24/7 to take your call and provide a free, confidential consultation.

Contact Us for a Confidential Consultation

If you prefer to reach out online, please visit our dedicated contact page. You can send a secure message detailing your situation, and we will get back to you promptly. We understand the sensitive nature of these charges and assure you of complete confidentiality. Find our contact form and other contact details here.

Legal Citations (Official Florida Statutes Links):

Florida Statute § 893.13 (Prohibited acts; penalties):
Florida Statute § 893.03 (Controlled substance schedules):
Florida Statute § 893.135 (Trafficking offenses):
Florida Statute § 775.082 (Penalties; imprisonment):
Florida Statute § 775.083 (Penalties; fines):
Florida Statute § 775.084 (Habitual felony offenders):
Florida Statute § 322.055 (Driver’s license suspension for drug offenses):
Florida Statute § 893.21 (Drug-related overdose; medical assistance immunity):

Possession Cocaine Intent Distribute

If you have been charged with DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG1300
Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute)

DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.