Tuesday, August 2, 2011

Evidence Supports Drug Possession With Intent to Sell

State v. Hanson, Minn.S.Ct., 7/27/2011.  Among other charges, the state charged Mr. Hanson with possession of ten or more grams of methamphetamine with intent to sell.  The state based this charge on a search of Mr. Hanson’s home in which officers found:

    • A plastic bag with 2.4 grams of meth;
    • A glass bowl with 1.3 grams of meth;
    • Another bag with 8.9 grams of meth;
    • Another bag with 23.6 grams of an unidentified substance; and
    • about 100 unused plastic baggies.

Officers also found, among other items, a razor blade, a digital scale, a tip from a butane torch, a propane tank, a can of butane fuel and a bunch of glass pipes.  The jury convicted him but the court of appeals reversed, saying that there was a reasonable inference that Mr. Hanson possessed all these things for personal use.

The Supreme Court reverses the court of appeals.  The court particularly noted the plastic baggies, which officers found in the same place as most of the other drug paraphernalia. 

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