Criminal Practice – Drug Possession – Intent to Sell or Deliver – Small Amount – Packaging

State v. Wilkins. (Lawyers Weekly No. 10-07-1237, 8 pp.) (Robert C. Hunter, J.) Appealed from Nash County Superior Court. (Quentin T. Sumner, J.) N.C. App. Click here for the full text of the opinion.

Holding: Even though the marijuana found in defendant’s possession was separated into three packages, since it was such a small amount (1.89 grams), the packaging and the cash found on defendant’s person ($1,264) were insufficient to prove defendant possessed the marijuana with the intent to sell or deliver it.

We vacate defendant’s sentence and remand for entry of judgment on the lesser included offense of simple possession of marijuana.