State v. Aiken

LAKE, Justice.

The North Carolina Controlled Substances Act, G.S. 90-86 to G.S. 90-113.8, defines a “controlled substance” to mean “a drug, substance, or immediate precursor included in Schedules I through VI of this Article.” G.S. 90-87 (5). Heroin is a substance included in Schedule I. G.S. 90-89 (b) (10).

The pertinent portions of G.S. 90-95 provide:

“Violations; penalties.— (a) Except as authorized by this Article, it is unlawful for any person:(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance ;

* * * *(3) To possess a…