What Is the Amount of Crack Cocaine That Is Inconsistent With Personal Consumption ?
In People v. White, 221 Ill. 2d 1, 17, 849 N.E.2d 406, 302 Ill. Dec. 614 (2006), the defendant possessed 12 individually packaged Baggies of rock cocaine, totaling 1.8 grams, and $ 75 in cash.
At the defendant's trial, a police officer testified that he was familiar with the type of objects used to consume crack cocaine, such as, "a round cylinder of some type, such as a car antenna or glass tube with openings at both ends." White, 221 Ill. 2d at 17-18.
The officer further stated that this amount of crack cocaine was inconsistent with personal consumption.
A second officer testified that the size of the individual rocks was the typical size of those sold on the street for $ 10 each. White, 221 Ill. 2d at 18.
The officer noted that 12 individual rocks were packaged into separate bags, and given that packaging and the amount of money, he stated that the defendant was " 'most likely' " selling the cocaine. White, 221 Ill. 2d at 18.
Both officers testified that they routinely patrolled the area where the defendant was arrested because "it was known as a location where illegal drug activity took place on a continuing basis" and they were familiar with at least five apartments in which illegal drug sales were ongoing. White, 221 Ill. 2d at 19.
After construing the evidence and the inferences therefrom in favor of the prosecution, the supreme court concluded that a rational trier of fact could have found the evidence sufficient to establish an intent to deliver. "While defendant was not carrying a pager, weapon, scale, cutting agent, or police scanner, he was also not carrying any paraphernalia associated with personal use of the cocaine.
Further, the Court noted that since the cocaine was already packaged for sale, there was no need for defendant to carry cutting agents or a scale." White, 221 Ill. 2d at 20.