State v. Woodard: No Chemical Analysis Required Where Pharmacist Identifies Drugs

The North Carolina Supreme Court held in State v. Ward, 364 N.C. 133 (2010) (discussed here), that the trial court abused its discretion by permitting an expert chemist to identify pills as controlled substances based solely on a visual inspection and comparison with medical literature, as this methodology was not sufficiently reliable pursuant to Rule 702 of the North Carolina Rules of Evidence. Ward further stated that “[u]nless the State establishes before trial that another method of identification is sufficient to establish the identity of the alleged controlled substance beyond a reasonable doubt, some form of scientifically valid chemical analysis is required.” Id. at 147. Thus, Ward’s impact on drug prosecutions was two-fold. First, Ward raised questions about whether expert testimony identifying controlled substances could be based on any methodology other than a scientifically valid chemical analysis. Second, Ward called into question the State’s ability to establish the identity of a controlled substance beyond a reasonable doubt without a chemical analysis. In several drug cases decided after Ward, (discussed here), the court of appeals has held evidence insufficient to establish the drug’s identity beyond a reasonable doubt where there was no evidence regarding the chemical makeup of a controlled substance. The court has applied a different rule for marijuana, continuing to sanction and find sufficient the visual identification of this drug, which is not defined by its chemical properties. See State v. Garnett, __ N.C. App. __ (February 15, 2011). A recent court of appeals opinion, State v. Woodard, ___ N.C. [...]