D.G.R. v. State

D.G.R. appeals his conviction of possession of marijuana arguing that the trial court erred in amending the petition to charge possession of marijuana although it originally charged that D.G.R. did “sell, deliver, or manufacture” marijuana. We agree.

Possession of marijuana is not a lesser included offense of sale of marijuana, just as possession of the hallucinogenic *461drug, LSD, is not a lesser included offense of sale of LSD. McPhee v. State, 254 So.2d 406, 408 (Fla. 1st DCA 1971). Further, “sale” is nothing more than “delivery” with consideration. See Milazzo v. State, 359 So.2d 923, 924…