A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is it legal to possess prescription medicine in a container other than the original bottle with the prescription affixed? Does discovering an unlabeled pill bottle justify seizing and searching it to see if it contains contraband? Can a pill bottle be removed from a pocket during a frisk based on plain feel? Does it provide reasonable suspicion or probable cause to search or arrest a suspect? A case decided by the Court of Appeals earlier this month, State v. Jackson, No. COA23-727; ___ N.C. App. ____; ___ S.E.2d ___ (Mar. 19, 2024), sheds some light on these questions. Read on for the details.
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Pills, Edibles, and Drug Mixtures in North Carolina: The Medium Matters
I recently taught on the basics of drug law in North Carolina and was reminded just what a tricky area it can be. Chapter 90 of the N.C. General Statutes is a dense, complex, and ever-evolving set of laws proscribing controlled substances. There are many substances, offenses, enhancements, and sentencing rules to know, as well as evidence issues and offense-specific case law. One thorny area involves the law of drug mixtures. While practitioners handling felony drug cases may be aware of the rules here, they may come as a surprise to others. Some applications of the law in this area can produce unexpected results for the unwary defendant. Today’s post examines the rules of drug mixtures and their implications in North Carolina.