August 11, 2005, 11:24jrotert
Presumption for "intent to deliver" based on amount alone?
Is there any presumption or inference that can be made from the amount of a drug (PG 1--4)alone in trying to make a delivery case?
For example, if a person has a pound of cocaine sitting in his garage in brick form (not packaged for individual sale), can a reasonable inference be made that it was not for his personal use but rather he had the "intent to deliver"? I know that amounts of drugs can be considered when coupled with other evidence (e.g. baggies, scales, other paraphernalia), but can inference be made from amount alone w/ no other evidence?
August 11, 2005, 12:11acollum
You can prove up Possession With Intent to Deliver based upon the amount of the drugs alone. You need an expert, usually a seasoned narcotics offer to testify to the value of the drugs and common quantities for distribution versus common amounts for personal use. The factors that have been considered by the Courts in determining whether evidence is sufficient to prove intent to deliver include the nature of the location where the defendant was arrested, the quantity of drugs the defendant possessed, the manner of packaging of the drugs, the presence or absence of drug paraphernalia either for use or sale, whether the defendant possessed a large amount of cash in addition to the drugs, and whether the defendant is a drug user. Be wary though of trying to prove intent to deliver for smaller amounts of drugs with no other indicia of dealing, the Second Court of Appeals in an unpublished opinion found the evidence was factually insufficient where the amount of drugs possessed was 7.5 grams of Methamphetamine. Hillman v. State, 2004 WL 742716 Tex.App.-Fort Worth,2004.