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Criminal Practice – Marijuana Delivery – 2 Grams – Remuneration – Indictment – Jury Instruction (access required)

State v. Land Under G.S. § 90-95(a)(1), “it is unlawful for any person … to … deliver a controlled substance”; however, “The transfer of less than 5 grams of marijuana … for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).” Even though the marijuana amount at issue was 2.03 grams, the indictment did not need to allege remuneration. Remuneration is a question of evidence, not an element of the crime.

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