Until Title 35 of the Pennsylvania Consolidate Statutes entitled Heath and Safety one can find the Drug Act and Drug Crimes in existence in the Commonwealth of Pennsylvania. The most serious of the Drug Crimes which a person can be charged with under Title 35 is found in section (30) which deals with the Delivery or Intent to Deliver a controlled substance to another person. Cocaine Crimes The language under section 30 essentially states that Except as authorized by this act, the delivery, or possession with intent to deliver a controlled substance to another person (such as marijuana, cocaine, heroin or even a prescription medication is a Felony.
The Court looks at several different factors when assessing whether Drugs are possessed by an accused for personal use or to commit Drug Crimes such as the Intent to Deliver to another person.
•1) The amount of the drugs possessed. Is it an amount that is small enough so that they would be for personal use or is the amount so large (i.e. pounds of marijuana) Marijuana so that they would only be possessed to sell to another.
•2) Packaging of the drugs. Are the drugs all in one package would be more indicative of personal use or are they broken into many smaller units so that they can be sold.
•3) Money, does the accused have money on his person such as hundreds or even thousands of dollars which would indicate that he was selling drugs
•4) Cell phones. Does the accused have several different cell phones on his person which he could use to contact and/or respond to potential buyers.
•5) Baggies. Does the accused have baggies on his person which could be used to package the narcotics. If the baggies have drug residue in them then that is more indicative of personal use, unused baggies are more indicative of intent to sell.