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NC General Statutes

N.C. Gen. Stat. § 90-98 (2026)

Attempt and conspiracy; penalties

✓ current as of July 2026
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Except as otherwise provided in this Article, any person who attempts or conspires to commit any offense defined in this Article is guilty of an offense that is the same class as the offense which was the object of the attempt or conspiracy and is punishable as specified for that class of offense and prior record or conviction level in Article 81B of Chapter 15A of the General Statutes. (1971, c. 919, s. 1; 1979, c. 760, s. 5; 1997-80, s. 9.)

 

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1976–2024 · leading case: State v. Morgan, 406 S.E.2d 833 (N.C. 1991).
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State v. Morgan, 406 S.E.2d 833 (N.C. 1991). · cites it 6× “Defendant was found guilty upon an indictment for Conspiracy to Possess Cocaine with Intent to Sell or Deliver, N.C.G.S. § 90-98 (1990). A unanimous panel of the Court of Appeals reversed, holding that there was no evidence in the record of defendant’s intent to deliver or sell.”
State v. Warren, 780 S.E.2d 835 (N.C. Ct. App. 2015). · cites it 8× “N.C. Gen.Stat. § 90-98, another section of the CSA, provides: Except as otherwise provided in this Article, any person who attempts or conspires to commit any offense defined in this Article is guilty of an offense that is the same class as the offense which was the object of…”
State v. Nettles, 612 S.E.2d 172 (N.C. Ct. App. 2005). · cites it 3× “In examining the quantity of a controlled substance, our Supreme Court previously has stated: In discussing what quantity of controlled substance might suffice alone to support the inference that a defendant intended to transfer it to others, [the Supreme Court] has construed…”
State v. McLamb, 330 S.E.2d 476 (N.C. 1985). · cites it 3× “” Defendant is charged under N.C.G.S. § 90-98 with conspiracy to “sell or deliver” a controlled substance.”
State v. Clark, 527 S.E.2d 319 (N.C. Ct. App. 2000). · cites it 4× “An appropriate charge under such circumstances would be an attempt, pursuant to N.C. Gen. Stat. § 90-98 (1999). See, e.g.”
State v. Cunningham, 423 S.E.2d 802 (N.C. Ct. App. 1992). · cites it 3× “Defendant appeals from a judgment entered 13 March 1991, which judgment is based on a jury verdict convicting defendant of conspiracy to commit the felony of sale and delivery of a controlled substance, N.C.G.S. § 90-98 (1990). The evidence presented by the State established…”
United States v. Montes Miller, 75 F.4th 215 (4th Cir. 2023). “Compare N.C. Gen. Stat. § 90-98 (“[A]ny person who attempts or conspires to commit any offense defined in this Article is guilty of an offense that is the same class as the offense which was the object of the attempt or conspiracy .”
State v. Hill, 798 S.E.2d 553 (N.C. Ct. App. 2017). · cites it 2× “Indictment in 13 CRS 51598 The indictment in case 13 CRS 51598 charged Defendant with, inter alia , conspiracy to sell cocaine, a violation of N.C. Gen. Stat. § 90-98 (2015). Count one of the indictment, the portion charging Defendant with conspiracy to sell cocaine, reads: The…”
State v. Arnold, 795 S.E.2d 829 (N.C. Ct. App. 2017). · cites it 4× “However, N.C. Gen. Stat. § 90-98 "expressly states" that "any person who attempts or conspires to commit any offense defined in this Article is guilty of an offense that is the same class as the offense which was the object of the attempt or conspiracy and is punishable as…”
State v. Williamson, 430 S.E.2d 467 (N.C. Ct. App. 1993). · cites it 3× “Defendant’s second contention regarding sufficiency of the evidence raises the issue of whether one can be convicted of conspiring to sell or deliver at least 100, but less than 2000, pounds of a controlled substance where the evidence shows an open-ended agreement with no…”
State v. Jamerson, 307 S.E.2d 436 (N.C. Ct. App. 1983). “The arguments and reasoning of Cameron , decided under G.S. 90-98, were held applicable to the current drug offense statute, G.”
State v. Sims, 622 S.E.2d 132 (N.C. Ct. App. 2005). · cites it 2× “Here, defendant was charged with conspiracy to traffic a controlled subject pursuant to N.C. Gen. Stat. § 90-98 , specifically the possession of more than 400 grams of cocaine.”
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