PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Circumstantial evidence offered did not prove intent to sell marijuana

The possession of marijuana with intent to sell is a more serious offense than simple possession and such intent may be shown by direct or circumstantial evidence.

2014-03-22
March 22, 2014 (Press-News.org) The possession of marijuana with intent to sell is a more serious offense than simple possession and such intent may be shown by direct or circumstantial evidence. In determining if there was intent to sell, factors which may be considered include the packaging of the controlled substance, the quantity found, the presence of cash or drug paraphernalia, and the suspect's activities.

If the circumstantial evidence of the intent to sell is not adequate, the charge may not withstand scrutiny, as seen in the North Carolina Court of Appeals case of In re N.J.

Possession of marijuana . . . with intent to sell?

The officer was conducting a foot patrol through a housing complex in Durham attempting to locate trespassers when he noticed three juveniles sitting on an electrical box. As the officer approached, the defendant tossed his cap to the ground.

The officer asked the group if they had seen any trespassers, and then asked the defendant if he had any weapons on him and would consent to a search. The officer felt a large bump in the defendant's pockets. The defendant allegedly admitted it was marijuana, at which point the officer handcuffed the defendant. He then retrieved the cap which had been tossed and inside he found 13 individually wrapped bags of marijuana.

The juvenile defendant was charged with possession of marijuana with intent to sell and was found delinquent. The defendant appealed on several grounds, including that the prosecution failed to provide a sufficient factual basis to establish that the defendant had intended to sell the marijuana.

Circumstantial evidence presented

The North Carolina Court of Appeals noted that the quantity of drugs found may be sufficient to support an inference of intent to sell, but it must be a substantial amount. Here, the defendant had only 10.98 grams which did not, alone, show that the defendant intended to sell the marijuana.

In addition, the method and type of packaging may be used to infer an intent to sell, but it also is not determinative. While the marijuana in this case had been divided into individual baggies, it was just as likely that the defendant was a consumer who had purchased the drugs in that particular packaging as it was that the defendant might be selling the drugs. There was no evidence presented that the amount of marijuana seized was more than the amount typically purchased for personal use.

Finally, the presence of cash or drug paraphernalia on the defendant's person may also be evidence of drug possession with intent to sell, but the defendant possessed no drug paraphernalia, weapons or cash. Indeed, there was no evidence at all showing his actions were consistent with those of a drug dealer.

Therefore, the evidence presented was insufficient to support an inference of intent to sell marijuana, and the defendant's charge would be reduced to simple possession.

Reviewing the circumstances of your arrest

If you are accused of possession of a controlled substance, an attorney may be able to help you mitigate the consequences of the charge. Your attorney should carefully review the circumstances of your arrest, assessing the validity of police actions. Seek an attorney who will provide attentive representation tailored to the unique needs of your situation.

Article provided by Jetton & Meredith
Visit us at www.jettonmeredithlaw.com


ELSE PRESS RELEASES FROM THIS DATE:

Study suggests new treatment guidelines to reduce TBI fatalities

2014-03-22
Anyone in Orleans County, Louisiana, who has experienced a brain injury or been close to someone affected by one knows how devastating these injuries are. A traumatic brain injury can be fatal or cause cognitive effects that last for life, which is why TBIs and means of treatment are the subject of many widespread research efforts. A recent study offers hope for future TBI victims by suggesting ways to improve the treatment of TBI patients, lowering the risk of fatalities and other complications. Monitoring guidelines reduce deaths The study spanned 8 years and used ...

Police checkpoint stop of defendant's vehicle was invalid

2014-03-22
In State v. White, the Court of Appeals of North Carolina upheld the trial court's decision to suppress all evidence obtained as a result of the stop of the defendant's vehicle at a police checkpoint conducted in violation of a state statute. Background In September 2009, the defendant was arrested for driving while impaired and driving while his license was revoked. The defendant filed a motion to suppress evidence obtained in the checkpoint stop of his vehicle, asserting that the stop violated federal and state constitutional provisions and a North Carolina statute ...

Milanoo Shows Summer & Spring Custom-Made Series Wedding Dresses in A Video

2014-03-22
Spring has come and summer is just around the corner. There is no doubt that this is a perfect time for a wedding ceremony. Nice weather and beautiful scenery, good for honey moon and taking great photos. In this season, Milanoo launches a great summer & spring custom-made series wedding dresses. And in this video, Milanoo shows one dress of the summer & spring custom-made series. from this video,we can learn about the design inspiration of this pure white trumpet dress and some ideas on how to make up to match this wedding dress. We can see the qualified lace ...

Ralph Scozzafava Celebrates 30 Years of Being an Executive

2014-03-22
In many ways, Ralph Scozzafava is a classic American success story. For thirty years he has been associated with some of the top global organizations in the business world, and he has guided them to profitability, often under very trying circumstances. Today, Ralph Scozzafava lives in St. Louis, Missouri, the home of Furniture Brands International. Ralph Scozzafava served as Furniture Brands' Chief Executive Officer and the Chairman of the Board, where he was accountable for all facets of $1.1 Billion, publicly traded company. Ralph Scozzafava developed Furniture Brands' ...

Melvin McDonald of French Valley Offers Valuable Basketball Advice

2014-03-22
Basketball is a complicated game, and requires a large commitment of time to study and practice. Melvin McDonald of French Valley, a basketball coach of many years, seeks to inform and educate people on how to develop a better approach and attitude about the game of basketball. Melvin McDonald of French Valley relishes any opportunity to speak on or to teach the game of basketball. Players and fellow coaches alike look to Melvin for insights into the game. They rely on his basketball expertise and experience as a guide for a better, more disciplined approach to a game ...

Yardley, PA Dentist Wants Patients To Be Wide Awake and Aware of Sleep Apnea

2014-03-22
March 2-9th was National Sleep Awareness Week. In recognition of that week, Dr. Smolen wants patients to be aware of sleep apnea and its negative impact on their overall health. "Most patients don't know they are dealing with sleep apnea. . One's bedtime partner may make you aware of irregular sleeping patterns. The symptoms may include snoring, stopped breathing during sleep and daytime tiredness. If a patient is newly diagnosed with sleep apnea, it's time to be aware of treatment options," explains Dr. Smolen. With a lack of sleep, patients may notice ...

Ongoing Extreme Winter Season Causes Skin Care Disaster

2014-03-22
Extreme weather conditions have made this winter colder than usual. Those people suffering from eczema or psoriasis, looking for the best dry skin moisturizer, personally experience the dry skin nightmare during these winter months. Cold winds, low humidity and the use of heaters can worsen just about anyone's skin but are especially hard on those with eczema and psoriasis. Finding the right dry skin moisturizer could make a big difference in how many outbreaks you face this winter. According to the US National Library of Medicine, dry itchy skin occurs more often in ...

Permafrost thaw: No upside

Permafrost thaw: No upside
2014-03-21
The climate is warming in the arctic at twice the rate of the rest of the globe creating a longer growing season and increased plant growth, which captures atmospheric carbon, and thawing permafrost, which releases carbon into the atmosphere. Woods Hole Research Center (WHRC) Assistant Scientist Sue Natali and colleagues engineered first-of-a-kind warming experiments in the field to determine net gains or losses in carbon emissions. The study entitled "Permafrost degradation stimulates carbon loss from experimentally warmed tundra," published in the journal Ecology found ...

Stem cell findings may offer answers for some bladder defects and disease

2014-03-21
(SACRAMENTO, Calif.) — For the first time, scientists have succeeded in coaxing laboratory cultures of human stem cells to develop into the specialized, unique cells needed to repair a patient's defective or diseased bladder. The breakthrough, developed at the UC Davis Institute for Regenerative Cures and published today in the scientific journal Stem Cells Translational Medicine, is significant because it provides a pathway to regenerate replacement bladder tissue for patients whose bladders are too small or do not function properly, such as children with spina bifida ...

Keck Medicine of USC research may point to better predictor of prostate cancer survival

2014-03-21
New research by USC Norris Comprehensive Cancer Center scientists demonstrates that measuring circulating tumor cells (CTCs) – the cells that spread cancer through the body – may be a better predictor of patient survival than the prostate specific antigen (PSA). The research was published March 10, 2014 in the Journal of Clinical Oncology by a team led by Amir Goldkorn, M.D., assistant professor of medicine at USC Norris, part of Keck Medicine of USC. Goldkorn's team discovered that elevated CTC counts after chemotherapy indicated as much as a five-fold higher risk of ...

LAST 30 PRESS RELEASES:

Exercise as an anti-ageing intervention to avoid detrimental impact of mental fatigue

UMass Amherst Nursing Professor Emerita honored as ‘Living Legend’

New guidelines aim to improve cystic fibrosis screening

Picky eaters by day, buffet by night: Butterfly, moth diets sync to plant aromas

Pennington Biomedical’s Dr. Leanne Redman honored with the E. V. McCollum Award from the American Society for Nutrition

CCNY physicists uncover electronic interactions mediated via spin waves

Researchers’ 3D-printing formula may transform future of foam

Nurture more important than nature for robotic hand

Drug-delivering aptamers target leukemia stem cells for one-two knockout punch

New study finds that over 95% of sponsored influencer posts on Twitter were not disclosed

New sea grant report helps great lakes fish farmers navigate aquaculture regulations

Strain “trick” improves perovskite solar cells’ efficiency

How GPS helps older drivers stay on the roads

Estrogen and progesterone stimulate the body to make opioids

Dancing with the cells – how acoustically levitating a diamond led to a breakthrough in biotech automation

Machine learning helps construct an evolutionary timeline of bacteria

Cellular regulator of mRNA vaccine revealed... offering new therapeutic options

Animal behavioral diversity at risk in the face of declining biodiversity

Finding their way: GPS ignites independence in older adult drivers

Antibiotic resistance among key bacterial species plateaus over time

‘Some insects are declining but what’s happening to the other 99%?’

Powerful new software platform could reshape biomedical research by making data analysis more accessible

Revealing capillaries and cells in living organs with ultrasound

American College of Physicians awards $260,000 in grants to address equity challenges in obesity care

Researchers from MARE ULisboa discover that the European catfish, an invasive species in Portugal, has a prolonged breeding season, enhancing its invasive potential

Rakesh K. Jain, PhD, FAACR, honored with the 2025 AACR Award for Lifetime Achievement in Cancer Research

Solar cells made of moon dust could power future space exploration

Deporting immigrants may further shrink the health care workforce

Border region emergency medical services in migrant emergency care

Resident physician intentions regarding unionization

[Press-News.org] Circumstantial evidence offered did not prove intent to sell marijuana
The possession of marijuana with intent to sell is a more serious offense than simple possession and such intent may be shown by direct or circumstantial evidence.