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Home / Opinion Digests / Criminal Practice / Criminal Practice – Search & Seizure – Counterfeit Controlled Substance – Statutory Evidentiary Factors – Constructive Possession (access required)

Criminal Practice – Search & Seizure – Counterfeit Controlled Substance – Statutory Evidentiary Factors – Constructive Possession (access required)

State v. Chisholm G.S. § 90-87(6)(b) sets out several elements that constitute evidence that a substance has been intentionally misrepresented as a controlled substance. The state is not required to prove all of the factors set out in the statute in order to prove possession with intent to sell and deliver a counterfeit controlled substance.

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