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Home / Opinion Digests / Criminal Practice / Criminal Practice – Manufacturing Marijuana – Preparation – Insufficient Indictment (access required)

Criminal Practice – Manufacturing Marijuana – Preparation – Insufficient Indictment (access required)

G.S. § 90-87(15) excludes from the definition of “manufacture” “the preparation or compounding of a controlled substance by an individual for his own use.” Therefore, an indictment which alleges the manufacture of marijuana by preparation must also allege an intent to distribute. Where defendant’s indictment alleged (and the jury was instructed accordingly) that he manufactured ...

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