Brief Fact Summary.
Meek was a passenger in Delina Chauvin’s car when Chauvin was involved in a car accident. Meek tried to hide the marijuana before law enforcement got to the accident scene by giving it to Hemby, a citizen who came to help out. Meek was found with over 140 grams of marijuana, and convicted of transferring marijuana.
Synopsis of Rule of Law.
Neither a transfer of consideration nor the complete transfer to an individual is required to charge and convict a defendant of transferring marijuana.
Meek was a passenger in Delina Chauvin’s car when Chauvin was involved in a car accident. Prior to the accident, Meek placed several items in Chauvin’s car, including a shaving kit. Phillip Hemby arrived at the scene and offered to assist Chauvin and Meek. At first, he approached Meek, and Meek told him to â€œget rid ofâ€ the shaving kit. Hemby was suspiscious that it contained marijuana, because he could smell marijuana. Hemby returned Meek the shaving kit, and went to assist the other driver. Chauvin also testified that Meek said he wanted to get out of the card because he wanted to dispose something. Subsequently, Hemby kicked the shaving kit into a ditch to preserve for law enforcement. When law enforcement arrived, Hemby directed them to the shaving kit. The lab analysis indicated that it contained over 140 grams of marijuana. Meek was convicted for transferring marijuana.
Whether a transfer of marijuana occurs when there has not been an exchange of consideration.
Yes, a transfer of marijuana occurs when there has not been an exchange of consideration.
The distribution of a controlled substance includes â€œtransactions which are sales as well as transactions which may not be considered sales.â€ Additionally, a transfer occurs when one gives another individual possession with the intent to give the other rights to the object. Here, the shaving kit was clearly passed from Meek to Hemby. Meek wanted to â€œget rid ofâ€ the shaving kit, therefore, he had the requisite intent to pass whatever rights he had in the shaving kit to Hemby. Likewise, Meek had knowledge of the content inside the shaving kit, as he wanted to part possession with it before law enforcement arrived. Therefore, regardless of whether the transfer was frustrated because Hemby returned it to Meek, Meek transferred the shaving kit to Hemby, even though he did not receive any consideration.