State v. Beam, 201 N.C. App. 643 (Jan. 5, 2010)

The term “deliver,” used in the trafficking statutes, is defined by G.S. 90-87(7) to “mean[] the actual constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.” Thus, an actual delivery is not required. In a prosecution under G.S. 90-95, the defendant bears the burden of establishing that an exemption applies, such as possession pursuant to a valid prescription. In this case, the trial court properly denied the defendant’s motion to dismiss and properly submitted to the jury the issue of whether the defendant was authorized to possess the controlled substances.