Legal Opinion

State v. Ellison

Supreme Court of North Carolina

Decided March 8, 2013No. 363PA11PublishedCited by 14 opinions

1Opinion of the Court

*440NEWBY, Justice.

This case presents the question whether N.C.G.S. § 90-95(h)(4) of the North Carolina Controlled Substances Act, N.C.G.S. §§ 90-86 to -113.8 (2011), applies in cases involving prescription pharmaceutical tablets and pills. Subdivision 90-95(h)(4), the opium trafficking statute, explicitly provides that a defendant’s criminal liability shall be based on the total weight of the mixture involved. Because tablets and pills are mixtures, we conclude that defendants were properly sentenced under the opium trafficking statute. Accordingly, the decision of the Court of Appeals is…

2Cases cited13 opinions

  1. Chapman v. United StatesSupreme Court of the United States · 1991
  2. State v. GardnerSupreme Court of North Carolina · 1986
  3. State v. JonesSupreme Court of North Carolina · 2004
  4. State v. PerrySupreme Court of North Carolina · 1986
  5. North Carolina Department of Correction v. North Carolina Medical BoardSupreme Court of North Carolina · 2009

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Kent Stahle v. CTS CorporationCourt of Appeals for the Fourth Circuit · 2016
  2. State v. HuntCourt of Appeals of North Carolina · 2016
  3. State v. HeavnerCourt of Appeals of North Carolina · 2013
  4. State v. CrowderCourt of Appeals of North Carolina · 2017
  5. Kent Stahle v. CTS CorporationCourt of Appeals for the Fourth Circuit · 2016

9 more not listed; retrieve them via the Exa API.

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