concurring in part and dissenting in part:
I concur in Parts I through IV of Judge Stilwell’s opinion. Part V of the opinion involves the sufficiency of the evidence to establish an intent to distribute. I do not agree with the majority on this point, and respectfully dissent. As to Part VI, I concur, but write separately to address Judge Shuler’s dissenting opinion.
Part V — Sufficiency of the Evidence
I conclude the circumstances do not present facts from which a jury could reasonably and logically conclude Cherry intended to distribute crack cocaine. Therefore, I would rule the trial judge erred in failing to grant a directed verdict on this charge.
In a case which is based solely upon circumstantial evidence, the evidence is not “substantial” if the jury must speculate to conclude guilt, even though all of the evidence is taken as true. See State v. Martin, 340 S.C. 597, 602, 533 S.E.2d 572, 574 (2000); State v. Mitchell, 341 S.C. 406, 409, 535 S.E.2d 126, *279127 (2000). If the circumstances, alone and in combination, are as consistent with innocence as with guilt, then no valid conclusion can be drawn from them. See In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) (“[T]he Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.”); see also Jackson v. Virginia, 443 U.S. 307, 318, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (“After Winship the critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt.”); Martin, 340 S.C. at 602-03, 533 S.E.2d at 574-75 (holding the State failed to meet the “any substantial evidence” standard, and motion for directed verdict should have been granted where State had no proof either defendant held drowning victim’s head under water, or that the two acted in concert, and, although evidence provided the likely possibility that the defendant’s car was at the scene of the murder, the vehicle could not be identified with sufficient certainty to rule out the alternative possibility that it was merely a similar vehicle).
The majority identifies the following circumstances as the factual basis for denying Cherry’s directed verdict on the distribution charge:
1) Cherry’s arrest occurred in a high crime area known for violence and drug activity;
2) Cherry had a small bag containing approximately eight rocks of crack cocaine;
3) Cherry had no crack pipe or other drug paraphernalia with him indicating the crack was for his personal consumption;
4) Cherry had $322 cash on his person, mostly in twenty dollar bills;
5) Officer Parker testified a single rock of crack cocaine is typically sold for twenty dollars.
The majority does not discuss why the above circumstances provide inferences which could reasonably support a finding of guilt beyond a reasonable doubt on the distribution charge. *280For the following reasons, I conclude these circumstances do not provide a factual basis to submit the charge of possession with intent to distribute to the jury.
1) High Crime Area — There is no evidence that a person who possesses crack cocaine in a high crime area is more likely to distribute the crack cocaine than to purchase it. Indeed, logic defeats the conclusion. If there is a greater incidence of street level crack cocaine distribution in a high crime area, it is only logical to conclude that a concentrated number of drug users are in that area as well. Consequently, this circumstance does not provide a logical basis for concluding Cherry intended to distribute the crack cocaine, as opposed to using it. For the same reason, this circumstance adds nothing to any of the other predicate facts to establish an intent to distribute.
2) Eight rocks of crack cocaine — The second circumstance involves the crack cocaine itself. Cherry had eight rocks of crack cocaine weighing less than one gram, contained in one small bag. The crack cocaine was not packaged in multiple bags, and unlike State v. Robinson, 344 S.C. 220, 543 S.E.2d 249 (Ct.App.2001), there was no testimony from police officers to establish that drug users typically would not possess this much crack cocaine, either by weight or number of individual pieces. Furthermore, the significance of possessing multiple rocks is not -within the common knowledge of jurors. Absent additional evidence, such as multiple packaging or supporting testimony from police officers trained or experienced in drug enforcement, there is no reasonable inference of intent to distribute derived from this evidence which is sufficient to support a finding of guilt beyond a reasonable doubt. S.C.Code Ann. § 44-53-375(B) (Supp.2000) (a permissible inference of an intent to distribute arises from “possession of one or more grams of ... cocaine” (emphasis added)); see also State v. Young, 99-1264, p. 11 (La. Ct.App. 1 Cir. 3/31/00), 764 So.2d 998, 1006 (holding “mere possession of a drug does not amount to evidence of intent to distribute, unless the quantity is so large that no other inference is possible”); Fox v. Mississippi, 756 So.2d 753, 759 (Miss.2000) (“When the quantity is such that an individual could use it alone, then that quantity is not in and of itself sufficient to create an inference of intent [to distribute].”); State v. Becerra, 112 N.M. 604, 817 *281P.2d 1246, 1250 (Ct.App.1991) (“[W]here there was no evidence of the concentration of the drug, and no evidence of how long it would normally take a single drug user to consume a given quantity, the weight of the amount recovered could not in itself enable a fact finder to conclude, beyond a reasonable doubt, that defendant intended to distribute the substance.”).
3) No visible means of smoking the crack cocaine — The third circumstance is the lack of a crack cocaine pipe or other drug paraphernalia needed for immediate use, from which the majority implies that Cherry did not intend to consume the crack cocaine. An inference can reasonably be drawn that Cherry did not intend to immediately use the drug. Thus, if time was the issue, that is, immediate use versus use at some later time, this fact would be substantial evidence. However, it is insufficient to provide a logical basis for concluding it is more likely Cherry intended to distribute the crack cocaine than to use it at some future time. At the very most, it is incomplete information, because it only proves he had no method for immediate use. Therefore, neither a conclusion of intent to distribute nor a conclusion of personal use is reasonably premised upon this circumstance.
4 & 5) $322 in cash and police officer’s testimony — Lastly, there is the $322 in cash seized from Cherry, coupled with the police testimony that crack cocaine is often sold in twenty dollar amounts. The amount of money is certainly not noteworthy. See Young, 99-1264, p. 13, 764 So.2d at 1006 ($370.00 in cash “[was] not so large that no other inference was possible. Accordingly, a rational trier of fact could not have concluded beyond a reasonable doubt that the State proved the ‘intent to distribute’ element of the crime.” (citation omitted)). Many people carry cash, and many people cash their entire paychecks, choosing not to maintain a checking account. Certainly the fact of possession of a relatively small amount of currency does not, in and of itself, allow an inference of illegal activity.
This amount of currency is not consistent with the amount related by law enforcement as the value of multiple rocks of crack cocaine. There is no testimony that crack cocaine is sold for $2, $12, $22 or in any other multiple of two dollars, which would help explain the additional $2. Furthermore, *282twenty dollar bills are not unusual denominations to carry. They are the predominant bills used at banks and automatic teller machines for cash withdrawals of hundred dollar multiples. To be sure, the money Cherry possessed is consistent with a guilty intent to distribute. But it is no less consistent with possession for personal use. To base a conclusion on it, then, is to rest on pure speculation.
None of these circumstances provides a basis for reasonably inferring an intent to distribute.5 Furthermore, they are not substantial in combination. As Judge Shuler points out in his concurring and dissenting opinion:
[T]he use of circumstantial evidence calls on the jury to employ analytical tools in a complex reasoning process not otherwise needed when reviewing direct evidence alone. In so doing, it invites the danger of ‘logical gaps’ legitimately associated with circumstantial evidence — that the jury may surmise guilt from ‘subjective inferential links based on probabilities’ and thereby elevate coincidence or suspicion into permissible inference.
(citing People v. Cleague, 22 N.Y.2d 363, 292 N.Y.S.2d 861, 239 N.E.2d 617, 619 (1968)).
I conclude the evidence required the jury to employ this impermissible method of arriving at its determination of guilt. Each of the predicate facts is completely consistent with simple possession of crack cocaine, and they remain consistent with simple possession in combination. When added together, it might be said that they more completely tend to prove possession of crack cocaine, but they do not provide a reasonable basis for concluding that the crack cocaine was possessed with the intent to distribute it.
Where the amount of drugs is less than the threshold amount giving rise to the permissible statutory inference of intent to distribute, our courts have required more than mere possession and the general circumstances found here as a basis for concluding guilt. “Possession of any amount of *283controlled substance when coupled with sufficient indica of intent to distribute will support a conviction for possession with intent to distribute.” State v. Goldsmith, 301 S.C. 463, 466, 392 S.E.2d 787, 788 (1990); see Matthews v. State, 300 S.C. 238, 239, 387 S.E.2d 258, 259 (1990); State v. Adams, 291 S.C. 132, 134, 352 S.E.2d 483, 485 (1987). However, I find no cases in South Carolina which have upheld a conviction for possession with intent to distribute without some specific indicia of the required intent. See State v. Brown, 317 S.C. 55, 57, 451 S.E.2d 888, 890 (1994) ($2,320 in cash); Fernandez v. State, 306 S.C. 264, 266, 411 S.E.2d 426, 427 (1991) ($13,000 in cash); Goldsmith, 301 S.C. at 465-66, 392 S.E.2d at 788 (search revealing drugs, portable scales for weighing grams, five grams of cocaine in foil-wrapped packages in freezer); Adams, 291 S.C. at 133, 352 S.E.2d at 485 (agents seized large inventory of drug paraphernalia, residue, thirty guns, and $134,000 in cash); State v. Simpson, 275 S.C. 426, 427-28, 272 S.E.2d 431, 431 (1980) (pilot’s possession of aircraft containing drug residue and maps, coupled with police officer’s testimony opining that the residue indicated large shipment of marijuana had been transported in airplane); State v. Durham, 266 S.C. 263, 267-68, 222 S.E.2d 768, 769-70 (1976) (police seized fifty pounds of marijuana and delicate scales used to weigh small amounts of chemicals and police testified at trial as to significance of the scales); State v. Muhammed, 338 S.C. 22, 25, 524 S.E.2d 637, 638-39 (Ct.App.1999) (police found $1085 in cash in a large roll, forty-two bullets, three pagers, a cell phone, and a razor blade with traces of cocaine on it in a car and two pistols and 19.7 grams of crack cocaine in the house); State v. Peay, 321 S.C. 405, 411, 468 S.E.2d 669, 672 (Ct.App.1996) ($10,500 in cash); State v. Mollison, 319 S.C. 41, 44, 459 S.E.2d 88, 90 (Ct.App.1995) (crack cocaine individually packaged in eighteen separate baggies and marijuana packaged in separate bags in one larger bag, found with defendant at motel).
Our case law is in accord with other jurisdictions, as well. See, e.g., United States v. Marszalkowski, 669 F.2d 655, 662 (11th Cir.1982) (“the high purity of the cocaine found ..., along with the recovery from [defendant’s] apartment of substance used to cut cocaine, a large amount of cash ($10,500.00) and a weapon ... constitute^] surrounding circumstances *284from which [defendant’s] intent to distribute [was] readily inferrable”); Buffington v. State, 245 Ga.App. 637, 538 S.E.2d 528, 529 (2000) ($1400.00 in cash, written ledger containing names and initials, with numerical amounts in pounds and ounces, coupled with expert testimony deciphering the ledger, provided sufficient evidence of intent to distribute the large amount of marijuana possessed by defendant to support conviction for possession with intent to distribute marijuana); State v. Konfrst, 251 Neb. 214, 556 N.W.2d 250, 263 (1996) (police expert testimony that individually wrapped baggies of drugs found in defendant’s possession contained amounts normally sold on the street, that amount of drugs recovered was more than is commonly kept for personal use, that cash found is usual mode of payment, that triple scale found in defendant’s possession is commonly used to weigh the drugs, and that the empty baggies found in defendant’s possession were the same type as those used to hold the recovered drugs was evidence sufficient to support conviction for possession with intent to distribute); State v. Zitterkopf, 236 Neb. 743, 463 N.W.2d 616, 621 (1990) (evidence including large quantity of marijuana, the type of packaging, sophisticated scales found at residence, along with other equipment and supplies, coupled with testimony as to the significance of the items by police officers trained and experienced in drug enforcement, provided sufficient evidence of an intent to distribute to support conviction).
In contrast to our prior cases on this subject, there is no evidence in this case indicating actual distribution activity, pre-cut purity of substance, individual packaging, scales, possession of an amount greater than that normally held by a user, paraphernalia used for distributing, ledgers, or any other indication Cherry intended to distribute the crack cocaine he possessed.
Part VI — Circumstantial Evidence Charge
As to Part VI of Judge Stilwell’s opinion, dealing with the sufficiency of the circumstantial evidence charge, I share the concerns Chief Justice Toal expressed in her concurring opinion in State v. Grippon, 327 S.C. 79, 489 S.E.2d 462 (1997), as reflected in Judge Shuler’s dissent. However, I believe we are bound by the majority opinion of our supreme court in *285Grippon. See S.C. Const. art. V, § 9; Daniels v. City of Goose Creek, 314 S.C. 494, 501, 431 S.E.2d 256, 260 (Ct.App. 1993).
In Grippon, our supreme court specifically approved and recommended a circumstantial evidence charge which omits the phrase “to the exclusion of every other reasonable hypothesis,” found in State v. Littlejohn, 228 S.C. 324, 328, 89 S.E.2d 924, 926 (1955), and State v. Edwards, 298 S.C. 272, 275, 379 S.E.2d 888, 889 (1989). See Grippon, 327 S.C. at 83-84, 489 S.E.2d at 464 (recommending in “a criminal case relying in whole or in part on circumstantial evidence” a charge found in 1 E. Devitt & C. Blackmar, Federal Jury Practice and Instructions § 12.04 (4th ed.1992)). For that reason, we are required to affirm on this point.
Furthermore, I do not believe the charge on circumstantial evidence, which is in the nature of a burden of proof charge, changes with the facts of the case. For this reason, I do not believe the cases cited by Judge Shuler in support of his position are applicable in this context.
The first three cases, State v. Day, 341 S.C. 410, 535 S.E.2d 431 (2000), State v. Starnes, 340 S.C. 312, 531 S.E.2d 907 (2000), and Battle v. State, 305 S.C. 460, 409 S.E.2d 400 (1991), involve self defense charges. As our case law has recognized, there are different legal principles which may apply within the umbrella of this defense, depending upon the facts presented. State v. Fuller, 297 S.C. 440, 443, 377 S.E.2d 328, 330 (1989). For example, “defense of others” may be factually raised in one case, and have no applicability in a case involving an altercation solely between the alleged -victim and the accused. Although the trial judge may be required to charge “self defense” in each case, only in the first example would the judge be required to charge the law regarding the defense of others.
But unlike the legal principles underlying self defense, the burden of proof is a structural part of the trial process,' Sullivan v. Louisiana, 508 U.S. 275, 282, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993); State v. Jefferies, 316 S.C. 13, 21, 446 S.E.2d 427, 432 (1994), and the minimum Due Process requirements remain the same in each criminal case. See Winship, 397 U.S. at 364, 90 S.Ct. 1068.
*286The last two cases cited, State v. Kimbrell, 294 S.C. 51, 362 S.E.2d 630 (1987) and State v. Brownlee, 318 S.C. 34, 455 S.E.2d 704 (1995), are also inapplicable, because they deal with a complete failure to charge “mere presence” in drug cases where the facts required the charge.
CONCLUSION
In conclusion, I agree with Judge Stilwell’s determination that the jury charge fully complied with the requirements of South Carolina law, as set forth in Grippon. However, there is an absence of any direct or substantial circumstantial evidence reasonably tending to prove an intent to distribute, or from which the intent to distribute crack cocaine can fairly and logically be deduced. For this reason, I would reverse the conviction for distribution of crack cocaine.
. As the majority points out, the trial judge declined to consider any implications from the presence of the weapon, because police attributed it exclusively to Cherry's sister. In any event, there was no expert testimony to provide an evidentiary basis for inferring an intent to distribute from the presence of the weapon.