While drug possession generally isn’t considered as serious as manufacturing or trafficking, it’s still a crime in North Carolina that carries a possible jail or prison sentence if you’re convicted. Though options other than jail are available in many cases, and you’re presumed innocent until proven guilty beyond a reasonable doubt, understanding the potential jail sentences for drug possession in NC can play a pivotal role in helping you and your defense attorney prepare for your case.
Controlled Substance Classifications
North Carolina categorizes drugs into six schedules. Possession of Schedule I drugs carries the most severe penalties, while possession of Schedule VI drugs carries the least severe penalties. The potential charges you could face if arrested for possessing these substances include:
| Drug Schedule | Potential Charge | Examples |
|---|---|---|
| Schedule I | Typically a Class I felony, but may be reduced to a Class 1 misdemeanor if the amount is small enough. | Heroin and Ecstasy |
| Schedule II | Typically a Class 1 misdemeanor, but may be increased to a Class I felony if the amount is large enough. | Cocaine, methamphetamine, fentanyl, Adderall, and Ritalin if used without a prescription |
| Schedule III | Typically a Class 1 misdemeanor, but may be increased to a Class I felony if the amount is large enough. | Ketamine and anabolic steroids |
| Schedule IV | Typically a Class 1 misdemeanor, but may be increased to a Class I felony if the amount is large enough. | Xanax, Ambien, and Valium |
| Schedule V | Class 2 misdemeanor | Many over-the-counter drugs, such as cough syrup containing a small amount of codeine |
| Schedule VI | Class 3 misdemeanor, but the judge can suspend the sentence. Depending on the amount of the substance, the charges may be increased to a Class 1 misdemeanor or Class I felony. | Marijuana |
Felony and Misdemeanor Penalties
Depending on the charges and the amount the prosecution accuses you of possessing, you could be looking at a maximum sentence of between 20 days and two years. However, you may also face a far smaller sentence, or even no jail time at all, especially if you don’t have a prior record. The maximum sentences related to each level of drug possession charges are:
- Class I felony convictions may result in up to 24 months of imprisonment.
- Class 1 misdemeanors may result in up to 120 days of imprisonment.
- Class 2 misdemeanors may result in up to 60 days of imprisonment.
- Class 3 misdemeanors may result in up to 20 days of imprisonment.
Regardless of what charges and sentence you’re facing, a criminal conviction can significantly impact your life. It can make seeking higher education, getting a job, or securing housing harder. And it may factor into other cases, such as if you have a child custody dispute. An experienced defense lawyer’s advice can minimize these disruptions.
Factors That Influence Sentencing
Several factors can affect the severity of the sentence you could face. For example, larger quantities of controlled substances tend to result in more severe charges and penalties. And if the police caught you with a large amount of a controlled substance, prosecutors may also attempt to charge you with intent to distribute, which can lead to more severe penalties.
Your past criminal history may also affect sentencing and make prosecutors less likely to accept a plea agreement. However, by working with an experienced criminal defense attorney, you can give yourself the best chance of beating the charges or securing a favorable outcome to your case.
Video: Understanding Different Drug Charges In North Carolina
Drug charges in North Carolina can range from simple possession to possession with intent to sell or deliver and drug trafficking. In this video, Attorney Dylan W. Greenwood explains how the type of charge matters, how drug weight can affect trafficking charges, and how items such as scales or baggies may be used as evidence of intent to sell or deliver. He also discusses potential relief under the First Step Act for qualifying first convictions.
Contact Our North Carolina Criminal Defense Attorneys
If you have been arrested for drug possession in North Carolina, call Greenwood Law or contact us online to speak with a skilled criminal defense lawyer. Our lawyers will review your case, explain the penalties you could face, go over possible defense strategies, and walk you through the criminal legal system so you’re always prepared.