the only guidance for North Carolina courts in determining the effect of moisture content in marijuana for the purposes of the weight element of the North Carolina trafficking statute. Furthermore, they provide the jury a standard as to the correct weight to consider. We do not find the “usable or suitable for consumption” standard to be within North Carolina’s statutory definition of marijuana. In federal court, the question of whether the weight of the controlled substance seized is an element of the offense that must be found beyond a reasonable doubt or a factor in sentencing that must be found by a preponderance of the evidence, is one that has been in great dispute since the Supreme Court rendered its decision in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435 (2000) (<HOLDING>). The divided circuits on this issue, and the
holding that any fact other than fact of prior convictions which increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proven beyond a reasonable doubt holding that any fact that increases a sentence beyond the prescribed statutory maximum must be proven beyond a reasonable doubt to a jury holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt holding that any fact  that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond reasonable doubt holding that factors increasing a defendants sentence beyond the statutory maximum of the crime charged with the exception of prior convictions must be proven beyond a reasonable doubt