In the state of Oklahoma, for prosecutors to add an intent to sell to a drug possession charge, they must present specific evidence that demonstrates the individual’s intention to distribute controlled substances.
Charging for intent to sell without this evidence violates the rights of the accused.
Quantity of drugs
Statistics show that in 2020, only 13.3% of drug-related arrests were for intent to sell. Prosecutors must consider the quantity of controlled substances in the defendant’s possession. An amount that exceeds what a person might carry for personal use raises suspicion of intent to distribute.
Packaging and paraphernalia
If the accused was in possession of materials like scales, baggies and other paraphernalia associated with drug distribution, it can support the case for intent to sell.
Large amounts of cash
If law enforcement officers found the accused with large sums of cash in addition to the drugs, this can strengthen the case for intent to sell. Drug transactions involve significant amounts of cash. Its presence may indicate an intent to profit from the sale of controlled substances.
Communications and messages
Communication records, such as text messages or phone calls, containing discussions related to drug transactions, prices or meeting arrangements may provide a direct link to illicit drug distribution activities.
Past offenses or history
A prosecutor can use a defendant’s previous convictions for drug distribution or possession with intent to distribute as evidence to establish a pattern of behavior.
Oklahoma prosecutors use these types of evidence when determining whether to charge a defendant with intent to sell. This process ensures that the state treats the accused fairly and justly.