State v. Phillips

ARNOLD, Judge.

Defendant first contends that the State failed to prove a crime under G.S. 14401.11(a)(2) because coffee is not a “food or eatable substance.” We disagree.

G.S. 14401.11(a) states that

It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility, any food or eatable substance which that person knows to contain:

* * * *(2) Any controlled substance included in any schedule of the Controlled Substances Act.

*529Defendant’s argument that coffee is a “beverage” and not a “food or eatable substance” is…