Drug possession laws in North Carolina are stringent and are designed to deter individuals from the illegal use and distribution of controlled substances. Understanding these laws, the classifications of controlled substances, the associated penalties, and possible defenses can be crucial for anyone facing drug possession charges.

How North Carolina Classifies Controlled Substances

North Carolina’s drug possession laws categorize controlled substances into six schedules, reflecting their potential for abuse and accepted medical use. Here is an overview of these laws.

Schedule I: Drugs with a high potential for abuse and no accepted medical use, such as heroin, ecstasy, and LSD.

Schedule II: Drugs with a high potential for abuse but with some accepted medical use, such as cocaine, methamphetamine, and oxycodone.

Schedule III: Drugs with a moderate to low potential for physical and psychological dependence, such as anabolic steroids and some barbiturates.

Schedule IV: Drugs with a low potential for abuse and low risk of dependence, such as Xanax, Valium, and Ativan.

Schedule V: Drugs with a lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics, such as cough preparations with less than 200 milligrams of codeine per 100 milliliters.

Schedule VI: Drugs considered to have the least potential for abuse, such as marijuana and synthetic cannabinoids.

Penalties for Drug Possession

The penalties for drug possession in North Carolina depend on the type and amount of the drug involved and whether the offense is a first-time or repeat violation.

Certain factors can aggravate the penalties, including possession within 1,000 feet of a school, park, or daycare center, which can lead to enhanced charges and stricter sentencing. Article G. S. 90-95 details violations and penalties. It is also important to note that there can be a thin line between possession and trafficking, and the latter charge is far more serious. A skilled possession lawyer will work hard to ensure your charges reflect your actions and intent.

Schedule I and II Substances

• Felony Charges: Possession of any amount of a Schedule I drug is a Class I felony, which can result in 6 to 12 months of imprisonment for a first offense.

Misdemeanor Charges: Possession of a small amount of a Schedule II drug can be a Class 1 misdemeanor, with potential penalties including up to 120 days in jail and fines. Larger quantities can result in felony charges

Schedule III, IV, and V Substances

• Misdemeanor Charges: Possession of these substances typically results in misdemeanor charges. A first offense for possession of a small amount can be classified as a Class 1 misdemeanor, leading to penalties such as up to 120 days in jail and fines.

Schedule VI Substances (Marijuana)

• Misdemeanor Charges: Possession of up to 0.5 ounces of marijuana is considered a Class 3 misdemeanor, which may result in a fine of up to $200 but no jail time. North Carolina has distinct parameters on levels of possession.
• Felony Charges: Possession of larger quantities, especially with intent to distribute, can result in felony charges with more severe penalties, including longer prison sentences and higher fines.

Additional Legal Consequences of Possession in North Carolina

Apart from jail time and fines, a conviction for drug possession can have several other long-lasting consequences, including:

• Criminal Record: A conviction can lead to a permanent criminal record, which can impact employment opportunities, housing applications, and eligibility for certain professional licenses.
• Driver’s License Suspension: A drug possession conviction can result in the suspension of the individual’s driver’s license for up to a year.
• Probation: Offenders may be placed on probation, requiring regular check-ins with a probation officer, random drug testing, and participation in drug education or rehabilitation programs.

Potential Defenses North Carolinians Can Use

Drug possession cases can be nuanced. Anyone facing criminal charges wants a knowledgeable NC criminal attorney who understands their rights and will work hard to collect reliable information. Some of the possible defense strategies that might apply to your case are:

• Illegal Search and Seizure: If law enforcement conducted a search without a warrant or probable cause, any evidence obtained might be inadmissible in court.
• Lack of Possession: The defendant did not have actual or constructive possession of the drug. This can be particularly relevant in cases where drugs are found in a shared space.
• Lack of Knowledge: A defendant is unaware that the substance was in their possession or that it was controlled.
• Entrapment: If law enforcement induced the defendant to commit a crime they would not have otherwise committed, entrapment might be a viable defense.

Understanding these elements and seeking experienced legal counsel can be pivotal for those facing drug possession charges. They can help navigate the complexities of the legal system and achieve the best possible outcome.