State v. Tyndall

In State v. Tyndall, 55 N.C. App. 57, 59, 284 S.E.2d 575, 576 (1981) at issue was the construction of the trafficking in cocaine statute, N.C. Gen. Stat. 90-95(h)(3)(a). 55 N.C. App. at 59, 284 S.E.2d at 576. The defendant asserted that "the provision did not prohibit the sale of a mixture unless that mixture contained 28 grams of cocaine." Id. The Court disagreed and stated that it appeared from the General Assembly's usage of the language, "if the quantity of such substances or mixture involved is 28 grams or more . . ., such person shall be punished by imprisonment," the quantity of the mixture containing cocaine was sufficient in itself to constitute a violation of N.C. Gen. Stat. 90-95(h)(3)(a). Id. at 60, 284 S.E.2d at 577. The Court also noted the purpose behind the trafficking statute and stated: Our legislature has determined that certain amounts of controlled substances and certain amounts of mixtures containing controlled substances indicate an intent to distribute on a large scale. Large scale distribution increases the number of people potentially harmed by the use of drugs. The penalties for sales of such amounts, therefore, are harsher than those under G.S. 90-95(a)(1). Id. at 60-61, 284 S.E.2d at 577.