State v. Ellison

I write separately because, while I concur that defendants’ offenses are covered by the plain language of N.C.G.S. § 90-95(h)(4), I find the result troubling in that it may permit prosecution of some persons whose activities are beyond the intended reach of the original legislation.

The legislative intent behind subsection 90-95(h) shows that the law was meant to punish large-scale distributors of illegal drugs. The *445public papers of Governor Hunt, who requested that the General Assembly enact the measure, show such intent:

We must strengthen our commitment to fighting the big-time drug dealer…