Helping explain the 0.3 THC threshold and marijuana vs hemp issues to the jury likely necessitates a jury instruction that adds important language to pattern jury instruction that fully and accurately reflects the definition of hemp consistent with N.C.G.S. 90-87, NC PJI 260.10, NC PJI 260-15, NC PJI 260.17 et…
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 threshold. Specifically, hemp is defined as cannabis (any part of the plant, including derivatives) with ≤0.3% delta-9 THC by dry…
The North Carolina Court of Appeals’ recent decision in State v. Ruffin, ___ N.C. App. ___ (Mar. 5, 2025), provides 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…
As hip-hop mogul Sean “P. Diddy” Combs heads to trial on federal sex trafficking charges, a critical question looms: can he get an 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…
Hemolysis involves the rupture of red blood cells in a blood sample. In the context of criminal charges, this can affect how accurately labs measure blood alcohol concentration (BAC). Mechanical factors like needle gauge selection, centrifugation practices, storage conditions, or simple delays can lead to hemolysis. The result may be…
This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases,…
In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon, the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of…
Using social media as evidence in criminal courtrooms in Charlotte and throughout North Carolina has become an everyday reality. Facebook messages, Instagram chats, and other online communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those…
Recent news out of Cornelius, North Carolina, will undoubtedly spark public discourse around defendants’ rights, law enforcement’s role, and the judicial process governing pretrial release. Specifically, an 18-year-old suspect charged with serious child sex offenses was released to the custody of his parents pending further legal proceedings. In response, the…
A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.” It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t…
