State v. Yisrael, 255 N.C. App. 184

Officer Brandenburg, a school resource officer, stopped a white Chevrolet Impala illegally parked at Enloe Magnet High School; defendant (age 20) was the sole driver.
Officer detected a strong marijuana odor, detained defendant, and searched him and the vehicle; recovered: three bags of marijuana totaling 10.88 grams (one “dime bag” on defendant; two larger bags in the center console), $1,504 cash on defendant, and a loaded stolen .40 Glock in the glove compartment. Vehicle owner Jones denied ownership of the drugs and gun.
Defendant conceded possession of the two bags found in the console at a Harbison hearing but disputed intent to sell; he was tried on possession with intent to sell or deliver marijuana and possession of a weapon on educational property.
Jury acquitted defendant of the weapon charge but convicted him of possession with intent to sell or deliver marijuana; court suspended a term of imprisonment and placed him on probation.
On appeal defendant argued insufficiency of evidence as to intent to sell; the majority affirmed denial of motion to dismiss, finding the totality of circumstances supported an inference of intent to sell; Chief Judge McGee dissented, concluding the evidence showed personal use only.

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
Sufficiency of evidence for intent to sell or deliver marijuana	Packaging, quantity, presence of $1,504 in mixed denominations, presence of a loaded stolen firearm in the car, and defendant’s access to vehicle together permit an inference of intent to sell	Amount and packaging were de minimis and consistent with personal use; no scales, empty baggies, or direct sales evidence; firearm and other non-Wilkins factors are not probative	Affirmed: viewing all evidence in State’s favor, a reasonable jury could infer intent to sell or deliver marijuana

State v. Wilkins, 208 N.C. App. 729 (discusses factors to infer intent to sell: packaging, activities, quantity, cash)
State v. Morgan, 329 N.C. 654 (quantity of controlled substance can alone support inference of intent to distribute)
State v. Rose, 339 N.C. 172 (motion to dismiss standard; review in light most favorable to State)
State v. Fritsch, 351 N.C. 373 (motion to dismiss standard: substantial evidence of each element required)
State v. Smith, 99 N.C. App. 67 (recognizes firearms are frequently associated with illegal drug trade; admissibility and prejudice considerations)
State v. Alston, 91 N.C. App. 707 (presence of large unexplained cash supported inference of intent to distribute in context of packaged drugs)
State v. Boyd, 177 N.C. App. 165 (firearm relevance to possession/ trafficking-related charges)
State v. Harbison, 315 N.C. 175 (procedure for defendant concessions at hearing)