State v. Weiss

In State v. Weiss, 73 Wn.2d 372, 438 P.2d 610 (1968), a prerules case, the Court affirmed a trial court decision admitting evidence of prior drug use in a simple possession case. In Weiss, the defendant was charged with possession of marijuana. One of Weiss's roommates testified for the State that he and Weiss had smoked marijuana at their house on an occasion prior to Weiss's arrest. Weiss's defense was that he was unaware that marijuana was in the house. The Court held that the evidence was properly admitted because it was relevant to the issue of "constructive possession, that is, whether the defendant knew of the presence of the marijuana found in the house where the defendant resided." Id. at 377.