Drug Charges

A Brief Review Of North Carolina Drug Crimes

While any drug charge is serious, understanding some of the processes that you have ahead of you can help you feel more in control of your situation. The state specifically prohibits the manufacture, sale, simple possession, possession with intent, and delivery of these and other controlled substances:

• Fentanyl – often deadly when abused , though useful for medical applications
• Heroin – a rising cause of overdoses  in North Carolina and elsewhere
• Marijuana – still illegal  in North Carolina for all uses
• Other prescription drugs that, without prescriptions, carry the same penalties as always-illegal drugs

Violating these laws can lead to extensive fines and jail time, which can increase, depending on the amount of the substance and other circumstances.

Our attorneys have extensive experience handling drug charges facing our clients. We aggressively protect our clients no matter what they are up against, including charges of possession of drug paraphernalia. More than that, we take on the difficulties of the charges ahead and do everything in our power to help you keep your life together.

Penalties For Drug Charges In North Carolina

Facing a North Carolina drug charge can be a frightening experience, with each charge carrying severe penalties depending on the type of offense. Here’s a brief overview:

• Possession: Unlawful possession of controlled substances can result in misdemeanor or felony charges, attracting penalties ranging from probation to several years in prison based on the drug schedule and quantity possessed.
• Trafficking: Involves manufacturing, selling, transporting or importing controlled substances above certain weight thresholds. Trafficking charges are felonies with minimum mandatory prison sentences that increase with larger quantities.
• Distribution: Selling or transferring controlled substances brings distribution charges. These are typically felonies with potential prison time and fines based on the drug type and amount.
• Manufacturing: Operating a facility to produce controlled substances illegally is a felony that carries lengthy prison sentences, especially for methamphetamines or opiate drugs.

Our client-centered legal representation can help ensure you understand all the legal consequences concerning your drug case.

How Are Drugs Scheduled In North Carolina?

North Carolina classifies drugs into distinctive schedules depending on the potential for abuse and accepted medical use, namely:

• Schedule I: These are drugs with a high potential for abuse with no accepted medical use (e.g., heroin, LSD, marijuana, ecstasy and peyote)
• Schedule II: High potential for abuse leading to severe dependence; some medical use cases (e.g., Vicodin, cocaine, methamphetamine, OxyContin and Adderall)
• Schedule III: Moderate to low potential for dependence; less abuse potential than I and II (e.g., products with <90mg of codeine, ketamine and anabolic steroids)
• Schedule IV: Low potential for abuse and dependence (e.g., Xanax, Valium, Ambien and tramadol)
• Schedule V: Lower abuse potential than IV; limited narcotics quantities (e.g., some cough medicines with codeine and Lyrica)
• Schedule VI: No federally controlled substance analogy (e.g., marijuana, peyote, toluene, amyl nitrite and nitrous oxide)

Each drug schedule has a different potential for abuse and accepted medical use, with penalties increasing as the schedule number goes up. With decades of experience and respected attorneys, we are well-versed in the North Carolina legal system. We offer transparent communication while fighting for the best possible outcome.

North Carolina Drug Crime Statistics

In North Carolina, the Governor’s Crime Commission reports that drug possession is the most common drug crime. Between 2019 and 2022, there were 226,142 arrests for drug possession, which is 81% of the total. The next highest category was distributing or selling drugs, with 28,103 arrests – 10% of the total. The third category was for drug consumption, with 5% of the total and 14,746 arrests.

Another way to look at drug statistics is by considering how many arrests are made per 1,000 residents. In Raleigh, for instance, there are 0.9369 drug crimes for every 1,000 people. The rate is higher in Durham, North Carolina, where the drug crime rate is 1.685 arrests for every 1,000 residents.

What Are Potential Defense Strategies Against Drug Charges?

Every case is unique, but there are many potential defenses. For instance, if facing charges of possession with intent to distribute, you may contest that you only had the substances for personal use. There was no intent to commit a more serious crime. This can reduce the charges.

Another thing to consider is how the evidence was gathered in the case. If the police found illegal drugs but officers were performing an illegal search – such as forced entry without a warrant or consent – then the Fruit of the Poisonous Tree doctrine says that evidence cannot be used in court. If it is the only evidence they have, that could lead to the charges being dropped.

If drug tests were used, then it may be a question of the reliability of those tests. Did officers administer the tests properly? Were the results contaminated? How accurate is that type of test – such as a blood test, hair test or urine test? If a conviction is based on a drug test, that test must be 100% trustworthy.

It is also important to consider if the police had your consent to perform that test and if they did so legally. Once again, illegally gathered evidence may be excluded from the case. An experienced criminal defense attorney can help strategize a defense to reduce or dismiss severe charges.