Articles Tagged with Marijuana Charges

In any marijuana vs hemp drug prosecution, the State bears the burden of proving beyond a reasonable doubt that the substance 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.