MAUGHAN, Justice:
A jury trial produced a verdict which convicted the defendant of the crime of unlawful distribution for value of a controlled substance, viz., marijuana. Defendant appeals, assigning as error the refusal of the trial court to give an instruction on the lesser included offense of possession of a controlled substance. We affirm the conviction.
The statute upon which defendant relies is 77-33-6, U.C.A. 1953, as amended:
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