Is Possession with Intent to Distribute a Felony in NC?

Possession with intent to distribute in North Carolina is a felony offense. State law treats drug-related crimes seriously, and this charge carries severe penalties, including potential prison time and fines. The specific felony classification depends on the type and amount of the substance involved. Understanding these details can help you know what to expect if you or someone you know is facing this charge.

Convictions for possession with intent to distribute can impact your freedom, employment opportunities, and future. If you are facing an intent to distribute charge, seeking legal representation is critical to protecting your rights and exploring possible defense options.

What Class Felony Is Possession with Intent to Distribute?

The severity of a possession with intent to distribute charge depends on the drug type and quantity. North Carolina law classifies controlled substances into the following schedules, which determine the level of felony assigned:

• Schedule I (heroin, LSD, MDMA). This category of drugs is classified as a Class H felony, punishable by up to 39 months in prison.
• Schedule II (cocaine, methamphetamine, opioids). These drugs can be a Class G felony, carrying up to 47 months in prison.
• Schedule III, IV, and V (certain prescription drugs, anabolic steroids). These are typically charged as a Class I felony, which carries up to 24 months in prison.
• Marijuana. Though marijuana laws are evolving, possession with intent to distribute remains a felony in specific quantities. Possessing more than 10 pounds leads to trafficking charges, a Class H felony or higher.

Each charge carries additional consequences, including fines and mandatory minimum sentences for larger quantities.

How Do Prosecutors Prove Intent to Distribute?

Prosecutors must prove beyond a reasonable doubt that you not only had drugs in your possession but also intended to distribute them. Several factors help establish intent:

• Quantity of drugs—larger amounts suggest distribution rather than personal use;
• Packaging—small baggies, scales, and labeled containers can indicate selling activity;
• Cash or transaction records—large sums of money, digital payment records, or lists of customer names may serve as evidence; and
• Statements or surveillance—law enforcement may use recorded conversations, witness testimonies, or undercover operations to support charges.

A defense attorney can challenge weak or circumstantial evidence, arguing that possession was for personal use or that certain items do not prove intent.

What Are the Penalties for Possession with Intent to Distribute in NC?

The penalties for possession with intent to distribute in NC vary depending on the classification of the offense. Some common penalties include:

• Fines. Convictions often result in substantial fines, which vary based on drug type and amount.
• Prison time. Sentences range from months to years, with mandatory minimums for some substances.
• Probation. Some cases result in supervised probation rather than jail time, depending on the circumstances.
• Loss of rights. Felony convictions can affect gun ownership, voting rights, and employment opportunities.

Sentencing also depends on prior offenses, aggravating factors, and cooperation with law enforcement.

Can a Possession with Intent to Distribute Charge Be Reduced?

Not all charges lead to maximum penalties. Several factors influence whether charges can be reduced or dismissed, including:

• Lack of evidence—weak or circumstantial evidence may lead to a lesser charge;
• First-time offender—some first-time offenders qualify for diversion programs or probation; 
• Plea bargains—negotiating with prosecutors may result in reduced charges or sentencing alternatives; 
• Violation of rights—courts may throw out evidence if law enforcement conducted an illegal search or violated due process.

Legal representation can help identify whether these factors apply to your situation. A skilled attorney is crucial in securing the best possible outcome in your case.

What to Do If You Are Facing an Intent to Distribute Charge

A possession with intent to distribute charge can change your life, but legal options exist. Taking these steps can help protect your future:

• Remain silent. Anything you say can be used against you. Do not discuss details with law enforcement without a lawyer.
• Hire an attorney. A drug crimes defense attorney can evaluate your case, challenge evidence, and build a strong defense.
• Gather evidence. Collect records, communications, and relevant details to support your defense.
• Understand your rights. Knowing North Carolina drug laws and potential defenses can help you make informed decisions.

Possession with intent to distribute convictions can have lasting effects, but charges may be dropped or reduced with the proper defense.

Have You Been Charged with a North Carolina Drug Crime?

If you currently face possession with intent to distribute charges, your future depends on securing an experienced attorney who understands what’s on the line and how to develop a compelling defense to the government’s allegations. At Tetterton Law Firm, PLLC, our North Carolina drug crimes lawyer has over 15 years of combined experience aggressively defending the rights of clients charged with all types of narcotics offenses, including possession with intent to deliver. 

We’re immediately available to meet with you to review your case and discuss how we can help protect your future. To learn more and to schedule a free consultation today, call Tetterton Law Firm, PLLC, or connect with us by filling out our secure online contact form.