Nov 27, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Possession with Intent to Distribute a Controlled Substance, Uncategorized
In the state of North Carolina, “it is a crime to knowingly sell or deliver a controlled substance to another person.” G.S. 90-95(a)(1). Moreover, pursuant to G.S. 90-95(b)(2), the delivery of marijuana is a Class 1 Felony, as it falls into the Schedule VI “controlled substance” category. Id. This statute further illustrates that it will not considered “a delivery to transfer for no remuneration less than 5 grams of marijuana, or less than 2.5 grams of synthetic cannabinoid, or any mixture of the two. Id. This portion of the statute is typically referred to as the “pot exception” within various circles.
Now the question remains; what does remuneration mean? Simply put, remuneration is the exchange of money for a service. This statute makes it so that if there is not an exchange of currency, and the amount of marijuana is less than 5 grams, the charge will not be a delivery of marijuana. It would still be regarded as a possession charge, however. This usually would apply when friends are sharing a marijuana cigarette, or “joint” and it is being exchanged from one person to the other. As long as the “joint” is less than 5 grams, they will not be charged with delivery.
The recent North Carolina decision, State v. Land, addresses a couple of issues regarding this offense. This case involved a defendant who gave an officer about 2 grams of marijuana. He was charged with delivery of marijuana. After being convicted, the man appealed, arguing that the indictment was defective due to the fact that it failed to allege an essential element of the offense. He stated that he was charged with delivery of less than 5 grams of marijuana. The problem with the indictment was that remuneration was not alleged. The majority rejected this argument citing State v. Pevia, 56 N.C. App. 384, 387 (1982). This case creates a single offense of delivery of a controlled substance, with no separate offense of delivery of marijuana.
The court concluded that under Pevia, the State can prove delivery of marijuana with evidence either (1) of transfer of 5 or more grams of marijuana, or (2) of a transfer of less than 5 grams for remuneration. Id. It further stated that “since the methods of proof set out in G.S. 90-95(b)(2) are mere evidentiary matters, they need not be included in the indictment.” Id. However, all three judges agreed that the trial court did err by failing to instruct the jury that a transfer of less than 5 grams of marijuana for no remuneration is not delivery. Id. The jury concluded that, because of the small amount of marijuana involved, the State was required to prove that defendant transferred the marijuana for remuneration. Id.
This question will likely be heard by the Supreme Court of North Carolina on the matter of the indictment. If you or someone close to you has been charged with a similar marijuana related charge, call the law offices of Reeves, Aiken & Hightower, LLP. You can schedule a consultation with one of our professionals by calling our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.
Nov 27, 2012 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
A man is dead after a tragic accident that happened on Thanksgiving Thursday afternoon.
According to North Carolina Highway Patrol troopers, the 63-year-old man was driving on the Interstate 485 Inner loop at Harrisburg Road when he lost control of his car and crashed into the median.
The crash happened around 3 p.m. when the man’s ability to drive was affected by a medical condition, causing him to lose control.
Details on the crash are still forthcoming.
Studies conducted in 2008 reveal that the Thanksgiving driving rush that year took the lives of approximately 389 occupants of passenger vehicles and injured thousands more. To lessen your chances of becoming a statistic, wear seatbelts, obey the speed limit, and pay extra attention to what is happening around you. If you or a loved one is injured in a serious accident this holiday season, call the Accident Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 27, 2012 | DUI & DWI, Uncategorized
Rock Hill police report that a 19-year-old man ran his truck into a car and is being charged with driving under the influence, leaving the scene of the accident, and driving under suspension. Officers were called to the 1200 block of Dave Lyle Boulevard at around 9:30 p.m. after reports of a hit-and-run crash.
The 17-year-old driver of the Lexus was incoherent and suffering from a head injury. He also suffered an injury to his left arm. The driver of the truck drove home after his tire flew from his truck. The police were able to follow gouge marks to a house with a truck missing a tire. The man at the house admitted to driving the truck and police arrested him after detecting alcohol on his breath.
The officers administered a breathalyzer test on the man and found that his blood alcohol concentration (BAC) was at 0.09. In the state of South Carolina, if a person is found to have a higher BAC than 0.08, they can be charged with DUI. If you or a loved one has been charged with driving under the influence, driving under suspension, or any other alcohol related charge, call the law offices of Reeves Aiken & Hightower for a consultation. We know that a DUI can determine the next year or so of a person’s life; therefore, it is important for you to get proper representation. Call us at 803-548-4444, or toll-free at 877-374-5999.
Nov 27, 2012 | Brain Injury/Head Trauma, Personal Injury, Uncategorized
A horrific accident has left a Charlotte teen paralyzed from the neck down.
The experienced swimmer was in Brazil with his parents when he was injured after diving into shallow water that was approximately knee high according to witnesses. The teen nearly drowned from the accident.
For over a month, family members have been trying to get the teen back home to Charlotte, but the air ambulance needed to make the trip costs over $70,000.
Friends and neighbors of the teen have held several fundraisers to raise money for the air ambulance. Their work has apparently raised enough money to make a deposit, allowing the teen to come home on December 1 if all goes as planned.
Medics are hopeful that doctors here can help the teen walk again.
Studies by the National Spinal Cord Injury Statistics Center reveal there are roughly 11,000 reported incidences of spinal cord injury (from causes including diving) per year in the United States. It’s important to practice appropriate safety precautions whether your at work or play. If you or a loved one experiences a serious brain injury or head trauma, call the Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 27, 2012 | Car Accidents, Personal Injury, Uncategorized
NASCAR pro and social media darling, Brad Keselowski is facing fines after tweeting while driving during a race Monday.
According to a NASCAR spokesperson, drivers have been recently advised that electronic devises, including cellphone can no longer be carried inside racecars. Although drivers are encouraged to participate in social media, there are competition and safety concerns that
The racer was fined $25,000 for the infraction. Some allege that the racer was being disciplined for a profane outburst after a crash and fight-marred race Sunday; NASCAR officials however, deny the allegations and urge that the fine is related to the recent rule change and driver safety.
Recent research has revealed that text messaging while driving makes a crash up to 23 times more likely to occur. Texting while driving and fiddling with electronics poses unprecedented risks on our nation’s highways. Avoid becoming another statistic, and save your texts until you’re no longer behind the wheel. If you are involved in a serious incident, call the Accident Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 27, 2012 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Uncategorized
A young Charlotte woman is adjusting to a new life after suffering a traumatic brain injury in a crash in September.
The 21-year-old woman has spent the majority of the last seven weeks in a coma after an enraged driver hit her car head-on and took off.
She now has to wear special glasses to mitigate double vision and one of her arms remains in a cast.
Despite the disheartening circumstances of the crash, the woman has maintained an optimistic outlook, claiming that her faith has only been strengthened by the crash.
She still has many goals and ambitions after surviving the crash and plans on eventually becoming a pharmacist.
According to witnesses, the hit-and-run driver was driving a silver SUV.
Each year in the United States, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Furthermore, recent data reveals that, on average, around 1.7 million people sustain a traumatic brain injury per year. Head injuries are no joke and should always be taken seriously, no matter how lucid the victim may seem afterwards. If you or a loved one becomes injured after an incident, call the Accident Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
