STATE v. ELLISON

No. 363PA11.

738 S.E.2d 161 (2013)

STATE of North Carolina v. Lee Roy ELLISON. State of North Carolina v. James Edward Treadway.

Supreme Court of North Carolina.

March 8, 2013.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Brandon L. Truman and Robert D. Croom , Assistant Attorneys General, for the State.

Staples S. Hughes , Appellate Defender, by Andrew DeSimone , Assistant Appellate Defender, for defendant-appellant Lee Roy Ellison.

Daniel F. Read for defendant-appellant James Edward Treadway.

Anne Bleyman , and Rudolph Widenhouse & Fialko, Chapel Hill, by M. Gordon Widenhouse, Jr. , for North Carolina Advocates for Justice, amicus curiae.


NEWBY, Justice.

Opinion of the Court

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...

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