The state Supreme Court says a positive urine test for marijuana isn't evidence alone to prove a defendant is guilty of marijuana possession.
With no dissenting opinion, the high court agreed with a Court
of Appeals ruling that overturned the possession conviction of
Darian Harris in Craven County.
Already on probation, Harris submitted a urine sample in August
2004 that tested positive for marijuana and cocaine metabolites. He
was later convicted of both cocaine and marijuana possession,
pleaded guilty to being a habitual felon due to his past record and
was sentenced to at least eleven years in prison.
Harris appealed, and the Court of Appeals ordered that his
marijuana conviction be dismissed.