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In North Carolina, drug possession is taken extremely seriously. Often, persons convicted of drug offenses must serve time in jail or prison. Having a drug offense on your record can make it harder to access housing, employment, and other opportunities — and if you want to preserve your freedom, finances, and future, you need an aggressive defense.
When you’re up against drug charges in North Carolina, you need a lawyer whose career has been dedicated to helping people successfully fight serious criminal charges.
At Hiltzheimer Law Office, our drug possession lawyers focus on defending people with the odds stacked against them. We’re proud to have earned a reputation for combining compassionate guidance and aggressive advocacy. Want to see how we may be able to help you? Contact us for a consultation today.
What Is Drug Possession NCGS § 90-95 in North Carolina?
In the state of North Carolina, NCGS § 90-95 is the portion of the law governing the manufacture, possession, and sale of controlled substances. The law itself is very detailed, but these are some of the highlights when it comes to drug possession:
- Possession of a controlled substance is illegal (unless you are specifically authorized to have it)
- It is illegal to possess a controlled substance with the intent to manufacture, sell, or deliver it
- It is illegal to possess a counterfeit controlled substance with the intent to manufacture, sell, or deliver it
- There are minimum amounts of each type of drug you must have to be charged with drug trafficking
- There are penalties for possession, possession with intent, and drug trafficking
Under North Carolina drug possession laws, you can be charged with possession even if you have a small amount of a controlled substance. However, the penalties for North Carolina drug possession charges under NCGS § 90-95 vary widely.
For example, if you are arrested with less than half an ounce of marijuana, you can be convicted of a class 3 misdemeanor (the least severe misdemeanor in North Carolina). If you are given a jail sentence, the judge is legally required to suspend it. This is common in many minor North Carolina drug and alcohol convictions.
However, if you are in possession of 400 grams or more of methamphetamine, you can be convicted of a class C felony. If convicted, you must serve at least 225 months in a state prison and pay a fine of at least $250,000.
Because there are so many charges you can potentially face under NCGS § 90-95, it’s highly recommended that you seek the guidance of a knowledgeable drug possession attorney. Some local ordinances on drugs may differ from state drug and alcohol laws. Our North Carolina drug possession lawyers are familiar with federal, state, and local drug laws and can help you understand your options.
You also might wonder about the statute of limitations on drug possession. In North Carolina, for most misdemeanor charges, it is two years. However, for felony charges, there is no statute of limitations.
What Is a Controlled Substance?
North Carolina has laws governing the manufacture and sale of certain substances, often those with high abuse potential. The drugs regulated under these laws are known as “controlled substances.” Contrary to popular belief, controlled substances are not just illegal drugs — certain prescription medications are regulated as well.
You might sometimes hear controlled substances described as “scheduled drugs.” This is because these drugs are classified into schedules, or levels of severity. The lower the number of the schedule, the more controlled the substance. Here’s a look at the different drug schedules in North Carolina, as well as some example substances in each.
Schedule I Drugs
These are the most tightly regulated drugs. They have a high abuse potential and no widely accepted medical use. Some examples are heroin, LSD, psilocybin mushrooms, peyote, ecstasy, and some kinds of opiates.
Schedule II Drugs
While these drugs have a high potential for abuse, they do have limited medical uses. Some examples are codeine, cocaine, oxycodone, methamphetamine, and hydrocodone.
Schedule III Drugs
These drugs have accepted medical uses and some abuse potential, but less than schedule I or schedule II drugs. Ketamine, anabolic steroids, and certain barbiturates are common examples.
Schedule IV Drugs
These drugs have a lower abuse potential than schedule III drugs and have some accepted medical uses. Common examples are many benzodiazepines (like Xanax and Valium), Rohypnol, and Barbital.
Schedule V Drugs
These drugs have limited abuse potential. Over-the-counter cough medicine with small amounts of codeine and anti-diarrhea medications that include small amounts of narcotics are some common examples.
Schedule VI Drugs
These drugs have no accepted medical use in North Carolina, but they have a low abuse potential. They include marijuana, hashish, and hashish oil.
Categories of Drug Possession Laws
North Carolina law handles possession, use, and distribution penalties differently depending on the type of drug involved, the quantity, and, sometimes, whether the drugs are intended for your own use or you intend to sell them.
There are three general categories of drug laws in NC:
- Simple possession
- Possession with intent to manufacture, sell, or deliver
- Drug trafficking
Here’s a look at what each charge means.
Simple Possession
Simple possession of a controlled substance is a misdemeanor, and it is the least severe offense. This crime occurs when you have a small amount of a controlled substance you intend to use yourself. You also must have no intention of selling or giving it to anyone else.
For example, if you purchase a few dosage units of LSD for yourself and are caught with them, you could be charged with simple possession of a controlled substance under state and local regulations.
It’s important to note that you are not guilty of the offense of simple possession of a controlled substance if you have controlled drugs that are prescribed to you.
For example, if you have a bottle of Xanax you purchased from a pharmacy because it was legitimately prescribed to you, you would not be charged. However, if you buy some Xanax from a friend, a law enforcement officer could reasonably charge you with simple possession.
Possession With Intent to Manufacture, Sell, or Deliver
If you have controlled substances (or the precursor chemicals you need to make them) and you intend to make, sell, or give away drugs, you can be charged with possession with intent to manufacture, sell, or deliver.
A prosecutor must be able to prove your intent in order to secure a conviction. However, if you have a significantly large quantity of a controlled substance, you can be charged with drug trafficking instead.
Drug Trafficking
Contrary to popular belief, you don’t have to engage in any kind of drug transaction or transportation to be charged with trafficking. Most people who keep drugs for personal use have relatively small quantities on hand at any given time.
Because someone with significant quantities of illegal drugs or other controlled substances is likely involved in the sale or transport of those drugs, they can be charged with trafficking. These are the minimum amounts of common controlled substances for a North Carolina drug trafficking charge:
- Heroin or Other Opioids: 4 grams
- Methamphetamine: 28 grams
- Cocaine: 28 grams
- Marijuana: 10 pounds
- LSD: 100 dosage units
- MDMA: 28 grams
Being caught with these amounts of controlled substances (or the minimum amount of less common controlled substances outlined in state law) can result in state drug trafficking charges — there is no legal requirement to prove intent.
It’s important to note that once you transport or sell these controlled substances across state lines, you’re no longer only violating state laws — you are also violating federal drug laws. In many cases, federal drug trafficking charges come with more serious consequences than state charges.
Requirements to Prove Possession of Drugs in NC
If a law enforcement officer has reason to believe you are in possession of a controlled substance, they may arrest you. However, in order to convict you, a prosecutor must prove beyond a reasonable doubt that you knowingly possessed the drugs. Typically, they must prove the following elements to convict you:
- You actually or constructively possessed the drugs
- You knew the drugs were present
- You were intending to possess that particular kind of controlled substance
For example, if you own a large property with many outbuildings and someone has stashed marijuana in one of your barns, a prosecutor would likely have trouble proving you knew it was there. On the other hand, if you had several doses of LSD in your wallet, it would likely be easier to prove you deliberately possessed the drugs.
Possession of a Controlled Substance
Most people have a general idea of what you mean when you say “possession of a controlled substance.” But did you know there are actually two types of possession under the law?
Actual Possession
Actual possession of a controlled substance is a clear-cut case of possession. That typically means you have the drugs in your pocket, in your hand, or otherwise on your person.
Constructive Possession
Constructive possession happens when the drugs are not actually on your person, but you still have control over the drugs and know of their presence. For example, if drugs are found in the trunk of your car or your home, you could be found to constructively possess the drugs.
Because constructive possession is harder to prove, a competent drug possession lawyer may be able to create enough reasonable doubt for an acquittal.
Punishment for Drug Possession Charges in North Carolina
The court has some discretion when assessing penalties for drug possession. For instance, a judge will take into account the circumstances of the crime at hand as well as past misdemeanor and felony convictions.
Here’s a look at the maximum punishments for possession and possession with intent to manufacture, sell, or deliver in North Carolina, categorized by schedule.
Schedule I Drugs
For possession, you can spend up to five years in prison, and you may face a fine. For possession with intent, you can spend up to 10 years in prison and face a possible fine. Both charges are felonies.
Schedule II Drugs
A possession conviction is usually a misdemeanor and comes with two years in prison and a $2,000 fine. Possession of larger amounts of some substances can lead to a felony conviction punishable by up to five years in prison and a fine. For possession with intent, you can spend up to 10 years in prison and pay a fine.
Schedule III Drugs
Possession of up to 100 dosage units is a misdemeanor punishable by up to two years in prison and a possible fine. Possession of more than 100 dosage units is a felony punishable by up to five years in prison and a possible fine. For possession with intent, you can face a felony conviction and up to five years in prison (with a possible fine).
Schedule IV Drugs
Penalties for schedule IV drugs are the same as those for schedule III.
Schedule V Drugs
Possession is a misdemeanor punishable by up to six months in jail and a fine. Possession with intent is a felony punishable by up to five years in prison and a fine.
Schedule VI Drugs
Possession penalty varies based on quantity, but it can be up to a felony charge punishable by 12 months in prison and a fine. The maximum penalty for possession with intent varies based on whether you sell isolated THC, marijuana, hashish, or another product.
Drug trafficking charges are generally more serious than possession with intent to manufacture, sell, or deliver. Sentencing includes many variables, with sentences increasing with the quantity of drugs you have.
However, you can face the state’s most severe trafficking charge if you have at least 400 grams of methamphetamine. If convicted, you may spend up to 282 months (23.5 years) in a state prison and pay a fine of at least $250,000.
Alternative Sentences for Drug Possession Crimes
Often, courts in North Carolina try to keep people convicted of minor possession crimes out of jail. Instead of incarceration, you might have other sentencing options, including:
- Drug education programs
- Drug rehabilitation
- Community service
- 90-96 program (dismisses charges if you fulfill certain requirements)
Are you wondering how to get drug possession charges dropped? With some of these programs, your charges may be dropped if you complete an education or rehabilitation program. If you have an experienced drug possession lawyer advocating for you, you may be more likely to be given an alternative sentence.
Getting Legal Help With Your Drug Possession Charges
As you’ve seen, federal, state, and local laws surrounding drug possession can be very complex. Our drug possession attorneys in North Carolina can help you clearly understand your charges and the potential penalties you’re up against.
A conviction for any kind of drug-related offense in North Carolina can have life-altering effects on your career, reputation, finances, relationships, and freedom. While there is no way to guarantee a positive outcome in any case, working with an experienced criminal defense lawyer gives you your best chance of an acquittal.
At Hiltzheimer Law Office, we have dedicated our careers to helping those who feel like they’re up against insurmountable odds. Our drug possession lawyers will stand by you even when it seems like no one else supports you. Call, text, or email us today to get started with a consultation!
FAQ
Possession of most schedule I controlled substances is a felony. Possession with intent to manufacture, sell, or deliver controlled substances is a felony, as are all drug trafficking offenses
The length of jail sentences depends on a number of factors, including the type of controlled substance involved, the amount you have, and your prior criminal record. When judges impose sanctions in misdemeanor possession cases, they often suspend sentences (meaning you serve no jail time).
If you have enough of a controlled substance to be charged with trafficking, you could spend up to 23 years and six months in prison. For lower level drug convictions, you may avoid jail time altogether.
Possession of drug paraphernalia is a class 1 misdemeanor offense. You can be sentenced to up to 120 days in jail, but the sentence may be suspended. You may also be ordered to perform community service as a condition of your probation. You can be fined at the court’s discretion. A skilled drug crimes lawyer may be able to negotiate a complete dismissal of the charges.
You’re generally less likely to go to jail if you don’t have prior drug convictions, but some convictions — like drug trafficking — have a minimum prison sentence regardless of your prior record. A drug trafficking lawyer may be able to negotiate a reduction to avoid jail time, or fight your case at trial.
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