time to weigh marijuana, at seizure (still containing moisture), or when it is usable or suitable for consumption (after it has completely dried)? The State contends that moisture in the marijuana is a part of the definition and therefore the determining weight is at seizure; defendant contends that only marijuana that is usable or suitable for consumption is marijuana, that being the dried weight. We find no authority in North Carolina exactly on point for either of these contentions. However, there is North Carolina case law that impliedly accepts the State’s contention that the correct weight is that at seizure and therefore containing its natural moisture. There is federal guidance on point as well. 1. Usable or Suitable for Consumption The defendant argues, as the trial c 1991) (<HOLDING>). Effective 1 November 1993, Amendment 484
holding that because marijuana was not otherwise specified the entire weight including any existing moisture content is relevant for sentencing purposes holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea holding that the state failed to prove that a hotel visitor had control over marijuana found in plain view in a hotel room because the state did not provide any evidence other than the defendants mere proximity to the marijuana holding that where indictment and plea agreement specified value of packages taken entry of guilty plea conclusively established value for purposes of sentencing holding that because marijuana has a distinct smell the odor of marijuana alone can satisfy the probable cause requirement to search a vehicle or baggage