McGee v. State

OVERTON, Justice.

This is a petition to review State v. McGee, 494 So.2d 255 (Fla. 2d DCA 1986), which held that possession with intent to sell any amount of cannabis violates section 893.13(l)(a)2, Florida Statutes (1985), and is a third-degree felony. The district court acknowledged conflict with Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977), and certified the following question:

Whether the possession with intent to sell any amount of cannabis is a third degree felony under the laws of this state?

Id. at 256. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the question .…