North Carolina law prohibits individuals from engaging in various types of activity with controlled substances. Offenses involving illegal drugs typically fall into one of several categories, with the following four being among the most common. If you’ve been charged with any of these offenses, an experienced North Carolina criminal defense lawyer can protect your rights and help you seek a positive resolution to your case.
Possession of a Controlled Substance
North Carolina’s criminal laws make it an offense to possess a controlled substance. The law distinguishes between “simple possession” and possession with intent to sell or deliver. “Simple possession” refers to the possession of a controlled substance for personal consumption. However, a person can possess drugs with intent to distribute if they have drugs they intend to deliver, sell, or give to other people. Prosecutors consider factors like the following when deciding between a simple possession and possession with intent to deliver or sell:
- The quantity of drugs possessed
- Whether the defendant possessed drugs packaged for transport or individual sale
- Whether the defendant possessed drug packaging materials and equipment or large quantities of cash
Possession with intent to sell or deliver can lead to criminal charges, with the grading of the offense dependent on the type of drug involved. Possession of a Schedule I or II controlled substance with intent to deliver constitutes a Class H felony. In contrast, possession with intent to sell constitutes a Class G felony. Possession of a Schedule III, IV, V, or VI controlled substance with intent to deliver constitutes a Class I felony, while possession with intent to sell constitutes a Class H felony.
Similarly, the grading of a charge of simple possession depends on the type of drug and quantity possessed. Possession of a Schedule I controlled substance constitutes a Class I felony. Possession of a Schedule II, III, or IV controlled substance constitutes a Class 1 misdemeanor unless the quantity exceeds 100 dosage units or the defendant possessed methamphetamine, amphetamine, cocaine, or fentanyl, in which case the offense constitutes a Class I felony. Possession of a Schedule V controlled substance constitutes a Class 2 misdemeanor, and possession of a Schedule VI controlled substance constitutes a Class 3 misdemeanor. However, larger quantities of marijuana can lead to Class 1 misdemeanor or Class I felony charges.
Drug Manufacturing
The offense of drug manufacturing involves growing, processing, producing, preparing, or compounding a controlled substance or controlled substance analog. Examples of activity that may lead to drug manufacturing charges include:
- Growing marijuana plants
- Operating a meth lab
- Mixing chemical compounds to create “designer” drugs
Drug manufacturing can lead to serious felony charges, with the possibility of enhanced penalties for large-scale manufacturing operations or offenses that involve minors.
Drug Trafficking
The crime of drug trafficking involves transporting large quantities of controlled substances, whether by acting as a courier for buyers and sellers or when transporting substantial amounts to sell to street dealers. Drug trafficking can involve illicit substances, such as heroin, methamphetamine, or Ecstasy, or prescription drugs, such as fentanyl or opioid pain relievers. Furthermore, transporting drugs across state lines or national borders will result in federal drug charges, which can impose much harsher penalties than state criminal law.
Drug Distribution
Drug distribution is the delivery, sale, or giving of controlled substances to another person. Distribution does not need to involve an exchange of money, as a person may face a drug distribution charge if they share drugs with another person or deliver drugs to another person gratuitously.
Contact a Drug Defense Lawyer Today
If you’ve been arrested on suspicion of committing drug crimes in North Carolina, you deserve to have a lawyer who will reassure you of your rights and fight hard on your behalf. Contact Greenwood Law today for a confidential consultation with a drug offense attorney to learn more about your options and how we can seek a positive outcome on your behalf.