When an Arrestee “Brings” Drugs to the Jail
Jeff Welty
When a person is arrested while in possession of drugs and is taken to the jail in handcuffs, may the person properly be convicted of possessing drugs in a confinement […]
September 25, 2013
When a person is arrested while in possession of drugs and is taken to the jail in handcuffs, may the person properly be convicted of possessing drugs in a confinement […]
Read post "When an Arrestee “Brings” Drugs to the Jail"January 21, 2013
Cyclist Lance Armstrong has recently confessed to using performance enhancing drugs during each of his seven Tour de France victories. Public discussion has focused on whether his apology, during an […]
Read post "Lance Armstrong"November 26, 2012
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a […]
Read post "Delivery of a Controlled Substance and the “Pot Exception”"July 9, 2012
In State v. Huerta, the court of appeals recently reaffirmed its controlled substance “combination decisions.” Here’s what happened. Huerta was convicted of, among other things, trafficking by possession of more […]
Read post "Court OKs Measuring Combined Bags in Drug Cases"June 11, 2012
This weekend, the New York Times carried an article entitled Risky Rise of the Good Grade Pill. The piece concerns the abuse of certain prescription medications by high school and […]
Read post "Adderall"December 20, 2011
Several earlier posts (here, here, here and here) and this article discuss the North Carolina Supreme Court’s ruling in State v. Ward, 364 N.C. 133 (2010), that the identification of […]
Read post "Now Where Are We with Drug ID?"August 16, 2011
The crime of maintaining a dwelling has four elements. To be guilty, a person must: (1) knowingly (2) keep or maintain (3) a store, shop, warehouse, dwelling house, building, vehicle, […]
Read post "Maintaining a Dwelling — Part II"August 15, 2011
The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that […]
Read post "Maintaining a Dwelling"May 5, 2011
The North Carolina Supreme Court held in State v. Ward, 364 N.C. 133 (2010) (discussed here), that the trial court abused its discretion by permitting an expert chemist to identify […]
Read post "State v. Woodard: No Chemical Analysis Required Where Pharmacist Identifies Drugs"April 11, 2011
The legislature has passed, and the Governor has signed, new S.L. 2011-12, which creates three new Schedule I drugs, defines certain synthetic cannabinoids as Schedule VI drugs, and makes several […]
Read post "New Drug Crimes"