A Texas drug charge for possession with intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused's possession of the contraband. An oral expression of the intent is not required. Additional factors that courts have considered in determining whether the accused had the intent to deliver include:

- the nature of the location at which the accused was arrested;

- the quantity of contraband in the accused's possession;

- the manner of packaging;

- the presence, or lack thereof, of drug paraphernalia for either use or sale;

- the accused's possession of large amounts of cash; and

- the accused's status as a drug user.

Expert testimony by experienced law enforcement officers may also be used to establish an accused's intent to deliver.

Class/Degree of Drug Charge for Weight or Units of Controlled Substance by Penalty Group