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DECISIONS DECISIONS n CRIMINAL PRACTICE the weight of all tablets-rather than the weight of the active ingredient only-was the basis for an Oxycontin trafficking conviction, the North Carolina Court of Appeals held on May 6. State v. McCracken, No. COA02-958. Pamela McCracken was convicted of trafficking between four and 14 grams of oxycodone, the active ingredient in Oxycontin. McCracken appealed, arguing that the trial court erred in denying her motion to dismiss the charge against her, which required possession of at least four grams of oxycodone, because, while the weight of all Oxycontin tablets allegedly in her possession was 5.4 grams, the weight of the active ingredient, the oxycodone, was only 1.6 grams. Affirming her conviction, the appeals court relied on earlier precedent and held that the clear language of the statute allows prosecution for the weight of the entire mixture, not merely the weight of the active ingredient.

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