What is possession with intent to sell?

It sits between simple possession and trafficking. The weight may be nowhere near a trafficking threshold, but the State alleges circumstances indicating the substance was held for sale rather than personal consumption.

The penalty escalation is substantial — it moves the offense up in degree and increases exposure significantly, without requiring the State to prove any actual sale occurred.

What makes it contestable is that intent is inferred rather than observed. The State builds it from circumstances, and circumstances admit competing explanations. Quantity consistent with a heavy personal habit. Packaging that's simply how the substance was purchased. Cash from a legitimate source. A scale used for buying rather than selling.

None of those are innocent by declaration, but each has a real alternative reading, and the State bears the burden of proving the inference it wants.