When an Arrestee “Brings” Drugs to the Jail
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 […]
January 21, 2013
Lance Armstrong
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 […]
November 26, 2012
Delivery of a Controlled Substance and the “Pot Exception”
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 […]
July 9, 2012
Court OKs Measuring Combined Bags in Drug Cases
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 […]
June 11, 2012
Adderall
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 […]
December 20, 2011
Now Where Are We with Drug ID?
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 […]
August 16, 2011
Maintaining a Dwelling — Part II
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, […]
August 15, 2011
Maintaining a Dwelling
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 […]
May 5, 2011
State v. Woodard: No Chemical Analysis Required Where Pharmacist Identifies Drugs
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 […]
April 11, 2011
New Drug Crimes
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 […]
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