McFarlane v. State

I agree with the court's decision to reverse Mr. McFarlane's conviction for possession of cocaine with intent to sell because I, like the majority, am bound by precedent to do so. I do wonder, though, whether the law on the issue of criminal intent to sell has become overly didactic-perhaps to the point that it is becoming unsustainable. It is one thing to catalog those aspects of a drug sale prosecution that can provide circumstantial evidence of a defendant's criminal intent to sell-having a large quantity of drugs, associated paraphernalia, scales, rolls of cash, and so forth-but quite…