N.C. Gen. Stat. » Chapter 90
NC General Statutes

N.C. Gen. Stat. § 90-97 (2026)

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✓ current as of July 2026
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Any penalty imposed for violation of this Article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. If a violation of this Article is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State. (1971, c. 919, s. 1.)

 

Notes of Decisions
Cited in 7 cases, 1982–2019 · leading case: State v. Brunson, 599 S.E.2d 576 (N.C. Ct. App. 2004).
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State v. Brunson, 599 S.E.2d 576 (N.C. Ct. App. 2004). · cites it 20× “Defendant, for the first time on appeal, argues N.C. Gen. Stat. § 90-97 (2001) barred prosecution by the State for the drug-related offenses.”
State v. Woods, 554 S.E.2d 383 (N.C. Ct. App. 2001). · cites it 8× “Defendant violated both statutes and but for N.C. Gen.Stat. § 90-97, could have been prosecuted for both.”
State v. Overton, 298 S.E.2d 695 (N.C. Ct. App. 1982). · cites it 4× “90-95. This assignment of error is, therefore, overruled.”
Saunders v. ADP TotalSource Fi Xi, Inc., 791 S.E.2d 466 (N.C. Ct. App. 2016). · cites it 6× “N.C. Gen. Stat. § 90-97 (c) does not provide the superior court with jurisdiction to interpret the provisions of the Workers' Compensation Act to determine whether attorney's fees can lawfully be deducted from an award of attendant care medical compensation awarded by the…”
State v. Delrosario, 661 S.E.2d 283 (N.C. Ct. App. 2008). · cites it 18× “Defendant moved to dismiss the state charges pursuant to N.C. Gen. Stat. § 90-97 (2007), and alternatively, to continue sentencing', in order to secure a transcript of defendant’s federal sentencing hearing.”
State v. White, 517 S.E.2d 664 (N.C. Ct. App. 1999). · cites it 2× “*342 Lastly, White contends that the State’s prosecution for the substantive offenses of trafficking more than 28 grams of heroin by sale, delivery, manufacture, transportation or possession violated both N.C. Gen. Stat. § 90-97 and the Double Jeopardy Clause of the United…”
Saunders v. ADP TotalSource Fi Xi, Inc. (N.C. 2019). · cites it 2× “The court concluded that because the superior court “was without jurisdiction under N.C. Gen. Stat. § 90-97 (c) to re-weigh the Commission’s factual determinations under these facts, or to award, de novo, attorney’s fees from attendant care medical compensation to be paid to a…”
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