North Carolina treats drug charges very seriously. In many cases, Felony Drug Charges for First-Time Offenders in North Carolina are still pursued despite a clean record.
If you or a loved one are facing a felony drug charges, first offense or not, you should contact a criminal defense attorney right away.
You cannot afford to hire an inexperienced attorney when your freedom is at stake.
Contact our Carteret County drug crimes defense attorney at Tetterton Law Firm, PLLC, to schedule a free consultation.
Get started by calling (252) 728-1373 or sending an online message today.
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Categories of Drugs in North Carolina
North Carolina separates controlled substances into different schedules based on their perceived risk to users.
The schedules for controlled substances in North Carolina are:
- Schedule I: LSD, heroin, PCP, ecstasy
- Schedule II: Morphine, codeine, fentanyl, Dilaudid, cocaine, amphetamines
- Schedule III: Codeine-based cough suppressants
- Schedule IV: Xanax, Rohypnol, clonazepam, barbital
- Schedule V: Cough medication that contains limited amounts of codeine
- Schedule VI: Marijuana, THC, hash oil
North Carolina considers Schedule I drugs the most dangerous and Schedule VI drugs the least dangerous. Some drug charges can increase from a misdemeanor to a felony depending on the type of controlled substance.
For example, possessing a Schedule VI substance would warrant a misdemeanor charge while possessing a Schedule I substance warrants a felony charge.
Drug Possession
Drug possession is the least severe drug charge in North Carolina. Still, drug possession is a felony under certain circumstances.
State law prohibits anyone from actual or constructive possession of a controlled substance. Actual possession means that you knew the substance was illegal and you had physical possession of the substance.
Constructive possession means that you knew the controlled substance was in your presence and had control over the area or container where law enforcement found the controlled substance.
A first-time conviction for possession of a Schedule I, II, III, or IV substance is a Class I felony, punishable by up to 24 months in jail. Conviction for possessing more than 1.5 ounces of marijuana is a Class 1 felony punishable by up to 24 months in jail.
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Sale or Delivery of a Controlled Substance
The district attorney may opt for charges of sale or delivery of a controlled substance if law enforcement finds a large quantity of the substance or items that indicate the person in possession is planning to sell or deliver it to another person.
Other evidence that can support charges for sale and delivery include:
- A scale,
- Small plastic bags,
- A ledger, or
- A customer list.
A first-time conviction for sale of a Schedule I or II substance is a Class G felony punishable by up to 47 months in prison.
A first-time conviction for sale of a Schedule III, IV, V, or VI is a Class H felony, punishable by up to 39 months in prison.
Possession of a Controlled Substance with Intent to Manufacture, Sell, or Deliver
Possession with intent to manufacture, sell, or deliver carries less severe penalties than the sale or delivery of a controlled substance because in the latter charge, the sale or delivery occurred.
For possession with intent to manufacture, sale, or deliver charges, the manufacturing, sale, or delivery has not happened yet. Possession with intent to manufacture, sell, or deliver a Schedule I or II substance is a Class H felony, punishable by up to 39 months in prison.
Possession with intent to manufacture, sell, or deliver a Schedule III, IV, V, or VI substance is a Class I felony, punishable by up to 24 months in prison.
Are You or A Loved One Facing Felony Drug Charges for First-Time Offenders in NC? Call Us Today
Our team at Tetterton Law Firm, PLLC, knows what it takes to defend our clients against felony drug charges in North Carolina. With a felony charge, jail time and costly fines are possible.
We are committed to providing each client with high-quality legal representation and honest, upfront legal advice.
Contact us online or call (252) 728-1373 today to discuss a felony drug charge during your free consultation.
As a lifelong North Carolinian, he has a deep understanding of the state and local legal processes. He also has extensive experience in providing legal representation against a wide array of offenses
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