State v. Thomas

PARKER, Judge.

Appellant contends that he was entitled to nonsuit on the grounds that the State’s evidence disclosed that he possessed at most only a tiny amount of the substance heroin and that possession of such a small quantity should not be considered an offense under G.S. 90-95 (a) (3). That statute, however, makes it unlawful for any person to possess “a controlled substance included in any schedule” of the North Carolina Controlled Substances Act without regard to the amount involved. It may be, as defendant contends, that possession of a mere trace of a controlled substance is not in…