They would have to prove beyond a reasonable doubt that she was selling or going to sell the narcotics. They do this by the quantity of drugs found or by the actions of the person who had the drugs to indicate that they had intent to sell. Generally with only a nickel back, she would put forth the defense it was personal use and most times prosecutors drop these charges to possession. She should have an attorney by now and the attorney should be working on a deal to have it reduced to at least possession.
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