In State v. Sullivan, 190 Neb. 621, 211 N.W.2d 125 (1973), this court stated that: "The possession of a large quantity of a controlled substance packaged in a form customarily used for distribution will support an inference of possession with intent to distribute," citing Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970).Summary of this case from State v. Rathburn
Filed October 12, 1973.
Criminal Law: Controlled Substances: Intent. Possession of a large quantity of a controlled substance packaged in a form customarily used for distribution will support a finding of possession with intent to distribute.
Appeal from the District Court for Scotts Bluff County: TED R. FEIDLER, Judge. Affirmed.
Charles F. Fitzke and James T. Hansen, for appellant.
Clarence A. H. Meyer, Attorney General, and Melvin K. Kammerlohr, for appellee.
Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.
The defendant appeals from a conviction for possession of marijuana with intent to distribute. The sole issue is whether the evidence of intent to distribute was sufficient to sustain the conviction.
The record shows the defendant and Rick Strong lived at 1313 1/2 16th Avenue in Scottsbluff, Nebraska. In a search of the premises on June 9, 1972, the police discovered 29 small plastic bags containing marijuana. Each bag contained a quantity referred to as a "lid." Two of the bags of marijuana were found in a sleeping bag inside the house. Twenty-seven bags of marijuana were found in a paper sack under some boards along the north side of the house. The officers also found some stems in a wastebasket in the house. The total weight of the marijuana found was 442.8 grams or slightly less than 1 pound. There was evidence that this quantity was sufficient to make between 800 and 900 cigarettes, a 2- to 3-years' supply for an average user.
The defendant and Strong claimed they had purchased 31 small bags of the marijuana on June 6, 1972, for $150, the price normally charged for a 1-pound "brick" of marijuana. The evidence shows that a "lid" then sold at retail for $15. They testified they intended to use the marijuana themselves and that the dealer had sold them "lids" at the "brick" price because he had no "bricks" on hand at that time.
The evidence, although circumstantial and in dispute, presented a question for the trier of fact. The possession of a large quantity of a controlled substance packaged in a form customarily used for distribution will support an inference of possession with intent to distribute. See Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610. We conclude the evidence was sufficient to sustain the conviction for possession with intent to distribute.
The judgment of the District Court is affirmed.