State v. McIntyre

SHARP, Justice.

The one question presented is whether defendant’s possession of marihuana on 21 March 1971 is punishable as a felony under G.S. 90-111 (Supp. 1969) or as a misdemeanor under G.S. 90-95 (e) (Supp. 1971). The question was decisively answered by our decision in State v. Harvey, 281 N.C. 1, 187 S.E. 2d 706: Defendant’s crime is punishable as a felony.

In Harvey, as in this case, the defendant was indicted, tried and convicted under G.S. 90-88 (1965), which made illegal the possession of any quantity of marihuana. Also in effect at the time the offenses were committed was the…