In order to prove that there was intent to sell, prosecutors rely on circumstantial evidence to show a defendant intended to distribute drugs. However, in order for this charge to stick, the prosecution must be able to prove there was intent to sell beyond a reasonable doubt. Six common indicators of intent to sell include the following:
The defendant stored the drugs in “ready to sell” pre-measured quantities in separate containers or baggies
The defendant was carrying a firearm, presumably to protect him/herself should the drug deal go wrong
The defendant had a large number of drugs, more than what most recreational users keep
The defendant was not high and had no drug paraphernalia, which could indicate he/she was a seller and not a user
The defendant carried a lot of cash which could indicate illegal sales
The defendant was found in an area that was known for drug deals