Drug charges in NC carry serious consequences, from prison time to job implications.
Understanding the list of drug charges and sentences can help you see the potential penalties you may face.
We know that the fact someone is arrested for drug charges in NC does not mean they committed the crime.
Let a qualified criminal defense attorney review the details of your case to see if a legal defense applies.
A lawyer at Tetterton Law Firm, PLLC, can negotiate with the prosecutor to emphasize the weaknesses in their case. In some cases, an attorney can get your charges reduced or dismissed entirely.
Contact our North Carolina drug crimes lawyer by filling out the online form or calling (252) 728-1373 today so we can start reviewing your case during your free consultation.
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Types of Drug Charges in NC
North Carolina drug laws separate 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, MDA
- 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
We describe a list of drug charges and sentences in NC in further detail below. If you have prior drug convictions on your record, your potential penalties can increase.
Possession of a Controlled Substance
North Carolina law prohibits anyone from possessing a controlled substance.
Possession means that you knew the substance was illegal and you had physical possession of the substance, or that you knew the illegal substance was in your presence and had control over the area or container where the substance was found.
The possession of a Schedule I, II, III, or IV substance is a Class I felony, punishable by up to 24 months in jail.
Possession of a Schedule V substance is a Class 2 misdemeanor, punishable by up to 60 days in jail.
The possession of more than 1.5 ounces of marijuana is a Class 1 felony punishable by up to 24 months in jail.
Possession of other Schedule VI substances is a Class 3 misdemeanor, punishable by up to 60 days in jail.
Sale or Delivery of a Controlled Substance
If law enforcement finds a large quantity of a particular substance or items that indicate the person in possession is planning to sell or deliver it to another person.
Sale of a Schedule I or II substance is a Class G felony punishable by up to 47 months in prison.
Sale of a Schedule III, IV, V, or VI is a Class H felony, punishable by up to 39 months in prison. Delivering any controlled substance to another person is also a Class H felony.
Possession of a Controlled Substance with Intent to Manufacture, Sell, or Deliver
Possession of a Schedule I or II substance with intent to manufacture, sell, or deliver is a Class H felony, punishable by up to 39 months in prison.
Possession of a Schedule III, IV, V, or VI substance with intent to manufacture, sell, or deliver is a Class I felony, punishable by up to 24 months in prison.
Potential Defenses to Drug Charges in NC
Potential defenses that can apply to drug charges in North Carolina include:
- Authorities lacked reasonable suspicion to conduct the initial traffic stop;
- Someone else possessed the substance;
- You have a valid prescription for the controlled substance;
- You did not have actual or constructive possession of the substance; or
- Authorities violated your constitutional rights during your arrest or before finding the controlled substance.
An NC drug crimes attorney can review your case and determine whether a legal defense applies.
Contact a Defense Lawyer to Discuss NC Drug Laws and Sentencing
Our team at Tetterton Law Firm, PLLC, has extensive experience helping clients facing drug charges in North Carolina.
Our attorneys will meet with you and listen to your side of the story so we can tailor your legal to the circumstances of your case.
We know that a one-size-fits-all defense strategy will not help our clients avoid jail time. Our team is committed to providing our clients with high-quality legal representation and accurate advice.
Contact our firm online or call (252) 728-1373 today to schedule a free initial 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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