Drug Offenses in North Carolina
Marijuana, Cocaine, Heroin, Meth
MDMA, Mushrooms, LSD
Prescription Medications
Simple Possession
Felony Possession
Possession with Intent to Sell
Possession with Intent to Deliver
Sale of Controlled Substance
Maintaining a Vehicle or Dwelling
Trafficking Controlled Substance
Drug Possession
These have no accepted medical use and have a high probability of abuse. These drugs include Opiates, Heroin, Ecstasy, Peyote, Psilocybin, and GHB among others.
These are accepted for medical use, have the potential for abuse, and can cause psychic or physical abuse. These drugs include Opium, Codeine, Hydrocodone, Morphine, Oxycodone, Cocaine, Methamphetamine, Methadone, and Fentanyl, among others.
These are accepted for medical use and have a lower potential for abuse than Schedule I and II drugs, and have a low to moderate probability of abuse. These drugs include Lysergic Acid, Ketamine, Nalorphine, Methyprylon, anabolic steroids, some barbiturates, and others.
These are accepted for medical use and have a lower abuse potential and a lower probability for dependency. These drugs include Darvon, Xanax, Valium, Rohypnol, Clonazepam, and Barbital, among others.
These are accepted for medicinal use, have a low potential for abuse, and limited probability of dependence. These drugs include over-the-counter drugs that contain narcotics, as in cough medications that contain codeine.
These have no accepted medical use in North Carolina, a low abuse potential, and a low probability of dependence. These drugs include Marijuana, Hashish Oil, and Hash.
drug possession Penalties & sentencing
Being charged with possession of a Schedule I controlled substance crime is a Class I felony that carries a penalty of 24 months of incarceration. Being charged with possession of a Schedule II, Schedule III, or Schedule IV controlled substance is, at minimum a Class I Misdemeanor that carries a penalty of up to 120 days of incarceration. Possession of a Schedule V controlled substance is a Class 2 misdemeanor that carries a penalty of up to 60 days of jail time. Possession of a Schedule VI controlled substance is a Class III misdemeanor that carries a penalty of up to 20 days in jail.
Possession and Distribution of Marijuana Charges in North Carolina
Marijuana charges in North Carolina are categorized by the quantity someone possesses and whether that person is suspected of distributing even a small portion. North Carolina is behind the curve on our nation’s progressive approach to legalization, and the vast majority of drug charges in this state are for minor possession of marijuana. Although some may suggest that marijuana is being decriminalized in North Carolina, the vast majority of law enforcement agencies throughout the state continue to enforce marijuana possession laws.
What are the different possible marijuana possession charges in North Carolina?
- Marijuana possession of a 1/2 ounces or less is a Class 3 Misdemeanor, and can include a fine up to $200 or 30 days in jail or both (the possibility of jail is very low and depends on someone’s prior record)
- Marijuana possession of 1/2 ounces to 1 1/2 ounces is a Class 1 Misdemeanor, and can include a fine up to $500 or up to 120 days in jail or both
- Marijuana possession of more than 1 1/2 ounces up to 10 pounds is a Class I Felony, and can include a fine up to $1000 or up to eight months in jail or both
What are the different possible punishments for selling or delivering marijuana in North Carolina?
- Class I felony for distribution, but only if the amount is over 5 grams and property or money is given in exchange
- Class H felony for the sale or distribution of 10 to 50 pounds, fines up to $5,000 and 25 to 39 months in prison
- Class G felony for the sale or distribution of 50 to 2,000 pounds, fines up to $25,000 and 35 to 51 months in prison
- Class F felony for the sale or distribution of 2,000 pounds up to 10,000, fines up to $50,000 and 70 to 93 months in prison
- Class D felony for the sale or distribution of over 10,000 pounds, fines up to $200,000 and 175 to 222 months in prison
- The sale, distribution, and/or possession of an 10 pounds of marijuana or more is considered trafficking. Trafficking marijuana, as well as other drugs, has separate and extremely harsh punishments.
Possession and Distribution of Cocaine Charges in Raleigh, North Carolina
Possessing any amount of cocaine is a felony offense in North Carolina. This is based on its classification as a Schedule II substance. In contrast, marijuana is classified as a Schedule VI substance. The scheduling of controlled substances is determined by the potential level of abuse known about each one.
Simple Possession of Cocaine in North Carolina
Possession of small amounts of cocaine is classified as a Class I felony. The penalty for a first offense of cocaine possession is 6 months to one year in prison, but it is rare for a first offender to receive jail time if the case is handled appropriately.
Possession With Intent to Sell or Deliver Cocaine in North Carolina
Certain items found in close proximity to cocaine may elevate a charge of simple possession to possession with intent to sell or deliver cocaine (PWISD). These items include scales, empty sandwich bags, cocaine found in multiple bags, and large sums of cash. PWISD Cocaine is a Class H felony in North Carolina and carries a possible penalty of 10 months in jail for a first offender, or up to 30 months for suspects with past criminal records. There are other ways that someone could be charged with PWISD Cocaine that do not involve finding these items. It is not uncommon for police to use surveillance or confidential informants to establish that someone is selling or delivering cocaine.
Sale or Distribution of Cocaine in North Carolina
Punishments increase further for the sale or distribution of cocaine, which is categorized as a Class G felony. These penalties may include fines and up to 31 months in prison. If the amount of cocaine is suspected to be over 28 grams, North Carolina law considers that activity to be trafficking. Trafficking charges substantially increase the possible penalties.
Kevin works for you.
Kevin B. Long is a seasoned criminal defense attorney with years of legal experience as both a defender of the accused and a former North Carolina Prosecutor. He is passionate about representing the people of Wake, Johnston, Harnett, Orange, and Chatham Counties accused of marijuana and other drug offenses, as they have found themselves in an unexpected and unfortunate situation. Kevin strives to provide an unmatched legal defense, with result focused strategies. Don’t waste an opportunity to discuss your case with an experienced and effective defense attorney and former North Carolina prosecutor.
Call today for your free consultation.
contact nowCall today for your free consultation.
