Drug Possession FAQ

Answers To Common Questions About Drug Possession Charges

Drug possession charges greatly vary in severity, but we recommend partnering with an experienced criminal defense attorney if you face any charges. The lawyers at Greenwood Law can thoroughly investigate your situation and look for opportunities to lessen any penalties that you might face or fight to have your charges dismissed altogether.

Below we provide answers to frequently asked questions about drug possession charges. Please call our Winston-Salem office at 336-661-8788 with all additional questions. You can also contact our team online.

I was caught with drugs in North Carolina; will I have to go to jail?

This ultimately is determined by the amount, schedule, and other factors such as whether or not the court determined you intended to sell or distribute the drugs in your possession.

What is a drug schedule?

Like on the federal level, North Carolina schedules controlled substances based on their potential for abuse and trafficking. Schedule I substances are considered the most serious, while Schedule II, III and IV substances carry less serious punishments. The lowest level is Schedule VI – typically marijuana.

What drugs fall into which schedules?

Schedule I drugs are those such as heroin, hallucinogens and MDMA/ecstasy. Schedule II drugs are drugs such as cocaine and meth. Schedule III and IV are drugs such as barbiturates, prescription drugs and codeine. Schedule V drugs include low prescription codeine such as Robitussin. Marijuana is Schedule VI. Click here for our blog post on drug schedules.

What are the punishments for the different schedules?

Drug trafficking punishments

What is North Carolina’s Unauthorized Substances Tax?

“The unauthorized substances tax is an excise tax on controlled substances (marijuana, cocaine, etc.), illicit spirituous liquor (“moonshine”), mash, and illicit mixed beverages. The tax is due by any individual who possesses an unauthorized substance upon which the tax has not been paid, as evidenced by a stamp.” (Source: NCDOR website)