Criminal Defense

April 2, 2025

Special Jury Instruction – Defining Marijuana vs. Hemp

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 al, and North Carolina v. Ruffin. To that end, it’s helpful to provide specific proposed language to the Court to address the 0.3% THC threshold during the charge conference.

Obviously, whether that’s necessary and/or appropriate depends on the fact pattern and must be tailored to case specifics. To be clear, there is more involved than THC concentration, particularly as it may pertain to cannabis concentrate (“shatter”). Courts are still addressing how to apply these legal distinctions.

At Powers Law Firm, we help clients navigate these issues in court. If you have questions about how hemp laws may impact your case or are facing marijuana-related charges, TEXT or call attorney Bill Powers at 704-342-4357 or email Bill@CarolinaAttorneys.com to discuss your situation.

March 29, 2025

Marijuana or Hemp | The 0.3% THC Threshold in NC Law

by Carolina Attorneys

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 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.

March 22, 2025

Marijuana Identification in North Carolina: State v. Ruffin and Rule 702 Expert Testimony

by Carolina Attorneys

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 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.

March 19, 2025

Jury Selection in High-Profile Trials: Can P. Diddy Get a Fair Jury?

by Carolina Attorneys

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 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.

February 5, 2025

Hemolysis, BAC Testing, and Criminal Charges in North Carolina

by Carolina Attorneys

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 an inflated or deflated BAC reading. For someone facing DUI charges or other criminal matters where BAC plays a role, understanding hemolysis, BAC testing, and its implications can help in reviewing the evidence.

If you have questions about the specifics of your legal matter, the legal team at Powers Law Firm is available for consultation. You may call or text 704-342-4357. You may also email Bill Powers at Bill@CarolinaAttorneys.com.

Below is a brief syllabus of the main topics covered in this document. Each entry links to a corresponding section that explains how hemolysis occurs, how labs test for BAC, and why these details may shape legal strategies.

February 2, 2025

Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

by Carolina Attorneys

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, may be considered a victim—had alcohol in their system.

By clarifying the complexities of forensic toxicology, our goal is to explain why thorough investigation and analysis by forensic toxicologists may be an essential aspect of building a defense strategy.

It is tempting to assume that the number on a lab report reflects an exact level of intoxication at the time of death, but the science behind postmortem BAC is often far more nuanced and complicated. Factors such as redistribution, laboratory processing, and even microbial activity can alter the reading—sometimes making it appear higher or lower than it actually was when the person was alive.

January 18, 2025

North Carolina Felony Murder Rule

by Carolina Attorneys

In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon,

felony-child-abuse-charges-in-north-carolina

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 such a felony is treated as first-degree murder, even in the absence of premeditation or deliberation.

The recent appellate decision State v. Middleton (N.C. Ct. App. 2025) sheds light on how felony murder interacts with allegations of felony child abuse. While the underlying facts involved minors and grave injuries, the published opinion concentrates on the broader legal principles relevant to attorneys, law students, and others interested in North Carolina’s felony murder framework.

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January 15, 2025

Understanding Social Media Evidence and Admissibility in North Carolina: Insights from State v. Davenport

by Carolina Attorneys

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 materials identifiable?—and relevance—Does it matter to the issues being tried?—are becoming more and more common during trials.

In North Carolina, these inquiries fall under the North Carolina Rules of Evidence, which guide judges and attorneys in determining which materials the jury is allowed to see. A recent appellate opinion, State v. Davenport, provides an up-close look at how courts tackle social media evidence in serious felony prosecutions.

By examining pictures taken of Facebook Messenger images displayed on a cell phone, the court explored how to authenticate digital content and manage related evidence (like 911 logs) to ensure a fair process. Below, we break down the facts of the case, the legal standards applied, and the broader implications for defendants facing criminal charges and attorneys dealing with social media evidence in the Tar Heel State.

January 13, 2025

Understanding Pretrial Release and Judicial Discretion: A Response to the Cornelius Police Department’s Statement

by Carolina Attorneys

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 Cornelius Police Department issued a strongly worded public statement expressing dismay at the decision to grant release, contending that such an outcome “undermines the gravity of the situation and raises significant concerns about the risk to public safety.”

The Department went on to suggest that individuals facing these types of offenses “should be held in custody, pending further legal proceedings…to send a definitive message that crimes involving the exploitation and violence against children will not be taken lightly.”

January 10, 2025

Can I Drop the Charges? Understanding the Dismissal of Charges in North Carolina

by Carolina Attorneys

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 press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.

To be clear, prosecutors certainly consider what prosecuting witnesses have to say. Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.