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Under North Carolina law, “marijuana” is a controlled substance defined to exclude legal hemp. Following the 2018 federal Farm Bill, NC amended its statutes to align with the 0.3% THC NC-HEMP-LAWS threshold. Specifically, hemp is defined as cannabis (any part of the plant, including derivatives) with ≤0.3% delta-9 THC by dry weight. Marijuana covers cannabis plants or extracts except those meeting the hemp definition.

In effect, cannabis with more than 0.3% THC is illegal “marijuana,” while cannabis at or below 0.3% THC is legal hemp. This distinction can be critical in criminal cases – it means a defendant should not be convicted of a marijuana offense for possessing hemp. However, because hemp and marijuana look and smell identical, this threshold poses challenges in court​. 

Juries may benefit from guidance to avoid conflating legal hemp with illegal marijuana. Defense attorneys have increasingly sought jury instructions to clarify this 0.3% THC requirement as part of the definition of the crime. 

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In any marijuana vs hemp drug prosecution, the State bears the burden of proving beyond a reasonable doubt that the substance marijuana-vs-hemp-testing involved exceeds North Carolina’s legal THC limit of 0.3%, thereby making it illegal marijuana and not lawful hemp.

In the recent case State v. Ruffin, the North Carolina Court of Appeals addressed whether the State met this evidentiary burden, given that the expert witness conceded the material could possibly have been hemp. At trial, defense counsel moved to dismiss the marijuana charges under N.C.G.S. § 15-173 (motion for nonsuit for insufficient evidence) and § 15A-1227, arguing the State had not affirmatively proven the THC content.

The trial court denied the motions, and the Court of Appeals reviewed that ruling on appeal. In North Carolina, the test for sufficiency is whether there is substantial evidence of each essential element of the offens and of the defendant being the perpetrator.

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The North Carolina Court of Appeals’ recent decision in State v. Ruffin, ___ N.C. App. ___ (Mar. 5, 2025), provides MARIJUANA-IDENTIFICATION-IN-COURT guidance on marijuana identification in the post-hemp era. The defendant in Ruffin was convicted of multiple drug offenses, including the sale and delivery of marijuana, arising from a controlled buy in 2021​.

On appeal, the accused challenged the identification of the seized plant material as marijuana (arguing it could have been legal hemp), the admissibility of both lay and expert testimony under the North Carolina Rules of Evidence, the sufficiency of the evidence to distinguish marijuana from hemp, the trial court’s jury instructions, and several aspects of his sentencing​

The Court of Appeals affirmed the convictions and sentences. This article analyzes Ruffin and its implications for North Carolina law, with specific reference to Rule 702 Testimony by Expert Witnesses.

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As hip-hop mogul Sean “P. Diddy” Combs heads to trial on federal sex trafficking charges, a critical question looms: can he get an jury-selection impartial jury despite his fame and the salacious allegations? This is no ordinary case – nearly everyone has heard of P. Diddy. The worry is that half the jury pool could be star-struck fans while the other half have already judged him guilty based on headlines.

The accusations are lurid – prosecutors say Combs ran a 20-year sex trafficking scheme involving sordid sex parties– and these details could provoke strong reactions, making it even harder to find jurors who can set aside preconceptions and focus on the evidence.

Selecting a fair jury in high-profile cases poses significant challenges due to the defendant’s celebrity status, extensive pretrial publicity, and the explosive nature of the allegations. Jury selection, known as voir dire, is intended to uncover biases or preconceived notions jurors might hold, but in cases involving a celebrity, this becomes uniquely difficult.

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Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, bloodEXPERT-WITNESS-TESTIMONY tests, and standardized field sobriety tests.

Given the scientific, forensic, and at times highly technical aspects of impaired driving cases, testimony may include qualification in court of expert witnesses and  consideration of NC Rule of Evidence 702 (the rule governing experts and expert testimony). In some circumstances, the formal process of qualification is not required if the police officer is certified by the State of North Carolina as a DRE – Drug Recognition Expert. It can, frankly, prove to be a complicated area of law.

At Powers Law Firm, our attorneys understand the impact that credible experts can have in DWI trials and how critical it is to get reliable evidence before the finder of fact. That may entail both challenging the State’s attempts to tender a police officer as an “expert” and introducing a defense expert to counter the conclusion of the State’s witness and their expert testimony.

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Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, EXPERT-WITNESSES-IN-DUI-CHARGES and medical conditions that could affect impairment assessments. This article examines the different types of experts used in North Carolina DWI cases, how courts determine whether their testimony is admissible under Rule 702, and what legal considerations apply when presenting expert evidence in court.

Understanding these issues can help if you’re facing a DWI charge. Expert testimony can play a significant role in North Carolina Driving While Impaired (DWI) cases, particularly when scientific, medical, or technical issues arise.  Whether challenging the accuracy of a chemical test, questioning how an arrest was conducted, or providing insight into how a collision occurred, experts may help clarify complex evidence for a judge or jury.

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Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the DMV WILLFUL REFUSAL HEARING IN NC  Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing to submit to breath and/or blood testing. 

At the center of willful refusal proceeding is a hearing officer who effectively handles both the role of prosecutor—by eliciting evidence—and the role of judge—by deciding if your license will be revoked. 

The stakes can be significant because a loss at the DMV hearing level may lead to a revocation lasting well beyond any criminal charge, even if the underlying DWI charge is cleared by dismissal or a not guilty verdict after a trial. 

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Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and EXPERT TESTIMONY IN NC technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand. An expert witness, properly qualified and admitted, can provide insight into such complex matters both for the prosecution and the defense.

This article examines the legal framework governing expert testimony in North Carolina DWI cases, the standards for admissibility, procedural requirements, and practical considerations for using expert witnesses. The discussion is intended for attorneys, legal professionals, and anyone seeking an in-depth understanding of how expert evidence is handled in DWI trials relative to the Daubert Standard and Rule 702.

DMV hearings for willful refusal revocations can feel like a costly, uphill battle—and truth be told, they often are.

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While breath testing is often the go-to method for measuring a driver’s blood alcohol concentration (BAC), certain situations call for BLOOD-TESTING-DWI-CHARGES blood testing in a DWI case. Law enforcement may suspect drug involvement, or the driver may be unable (or unwilling) to provide a valid breath sample on an approved device. DUI fatalities tend to involve blood testing, as it the more accurate method to confirm the different possible sources of impairment and the respective concentrations of each.

Understanding when officers rely on blood draws in North Carolina—and how they handle chain-of-custody requirements—can help clarify whether the reported results are reliable or open to challenge.

This article explains common scenarios leading to blood tests, the difference between hospital versus EMT blood draws, how labs analyze samples using Gas Chromatography–Mass Spectrometry (GC-MS), and what legal issues can arise involving consent, patient privacy, and chain of custody. If you have questions about blood testing in a North Carolina DWI, call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.

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North Carolina’s DWI enforcement relies heavily on evidentiary breath tests to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. While officers may perform Image of Police Officer - Blog Post about dui-breath-tests-in-nc preliminary roadside screening with a handheld device, the real focal point often comes from the Intoximeter EC/IR II machine. This desktop breath-testing device measures deep-lung air and generates an official reading that prosecutors regularly use as evidence at trial.

This article explains the significance of evidentiary breath tests, how the Intoximeter EC/IR II functions, and why an attorney might challenge its results in certain circumstances. If you have questions about your DWI case or want help reviewing a breath test procedure, call or text the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.

Understanding Breath Testing: Table of Contents

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