Wells v. Commonwealth

Wells (defendant) was arrested with 4.2 ounces of marijuana in 70 small packages worth about $700, found at a friend's apartment she regularly visited; police found no unusual cash or drug paraphernalia, and an officer testified the packaging was consistent with distribution but the quantity itself was not inconsistent with personal use over time. A jury convicted her of possession with intent to distribute, and she appealed, arguing insufficient proof of intent to distribute.

Whether the quantity of a controlled substance in a defendant's possession is a circumstance relevant to proving intent to distribute.