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| 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intent to deliver for smaller amounts of drugs with no other indicia of dealing, the Second Court of Appeals in an unpublished opinion found the evidence was factually insufficient where the amount of drugs possessed was 7.5 grams of Methamphetamine.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. |
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