State v. Bryant, COA24-436, ___ N.C. App. ___ (Apr. 16, 2025)

In this Union County case, defendant appealed his conviction for misdemeanor possession of drug paraphernalia, arguing insufficient evidence that he intended to use the paraphernalia, a pipe, for a controlled substance other than marijuana. The Court of Appeals disagreed, finding no error.

Defendant was arrested after an encounter in September 2021 where police officers thought defendant and his two acquaintances were shoplifting from a local Belk. The officers did not find any store merchandise, but while searching one of the acquaintances, the officers found a medicine bottle with small baggies filled with a brown powder. Defendant ran from the officers, throwing a bottle that also contained the brown powdery substance. When defendant was detained, officers found a glass pipe, red straw, and plastic baggies containing power on his person. The brown substance was confirmed to be heroin after testing. Defendant came to trial on charges of felony trafficking in heroin by possession and transporting, as well as the misdemeanor charge. Defendant moved to dismiss the misdemeanor, but the trial court denied the motion, and defendant was subsequently convicted.

On appeal, defendant pointed to G.S. 90-113.22, which makes it a misdemeanor offense to “knowingly use, or to possess with intent to use, drug paraphernalia to . . . inject, ingest, inhale, or otherwise introduce into the body a controlled substance other than marijuana which it would be unlawful to possess.” Slip Op. at 5. Defendant argued insufficient evidence to show he intended to use the pipe for a controlled substance other than marijuana. The Court of Appeals noted a lack of controlling authority, but looked to State v. Gamble, 218 N.C. App. 456, 2012 WL 380251 (2012) (unpublished), and State v. Harlee, 180 N.C. App. 692, 2006 WL 3718084 (2006) (unpublished), for guidance regarding circumstances that supported intent with paraphernalia like crack pipes. The court found similar support here, as the pipe was found in the same pocket of defendant’s pants as the baggies of heroin, and the pipe was visibly charred, showing previous use.