January 23, 2023
In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public […]
July 18, 2019
Back in 2017, I wrote about murder charges premised on the unlawful distribution of drugs and what the State must prove to establish a defendant’s guilt. One element the State […]
January 24, 2017
On December 21, 2016, the North Carolina Supreme Court in State v. Allman upheld a magistrate’s finding of probable cause to search a home for drugs, and it reversed a […]
August 14, 2013
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]
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, […]
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 […]
November 1, 2010
One of the most frequently litigated issues in North Carolina drug cases is constructive possession. Jeff wrote about one case (here) over a year ago. My research shows no less […]
June 23, 2010
“You don’t know what you have until it’s gone” is classic relationship advice. But is “I didn’t know what I had until it was seized” a classic defense to drug […]
November 10, 2009
Can a municipality adopt an ordinance that criminalizes loitering for the purpose of drug activity? I’ve been asked that question several times, and in fact, a number of North Carolina […]
May 28, 2009
Can a lay witness testify that she could tell just by looking at a substance that it was, in fact, a controlled substance? (Let’s assume the witness has extensive dealings […]