North Carolina drug possession laws are strict and the punishments for selling, distributing, producing or manufacturing and cultivating them are severe. The North Carolina Controlled Substance Act breaks drugs into categories and lists the potential penalties for possession.
North Carolina Drug Schedules
- Schedule 1 drugs – have no accepted medical use and have a high probably of abuse. These drugs include Opiates, Heroin, Ecstasy, Peyote, Codeine –N-Oxide, Psilocybin, and GHB among others.
- Schedule 2 drugs – are accepted for medical use, have the potential abuse, and can cause psychic or physical abuse. These drugs include Opium, Codeine, Hydrocodone, Morphine, Oxycodone, Cocaine, Methamphetamine, Methadone, and Fentanyl among others.
- Schedule 3 drugs – are accepted for medical use and have a lower potential for abuse then Schedule 1 and 2 drugs, and have a low to moderate probability of abuse. These drugs include Lysergic Acid, Ketamine, Nalorphine, Methprylon, anabolic steroids, some barbiturates, and others.
- Schedule 4 drugs – are accepted for medical use and have a lower abuse potential and a lower probability for dependency. These drugs include Darvon, Xanax, Valium, Rohypnol, Clonazepam, and Barbital, among others.
- Schedule 5 drugs – are accepted for medicinal use, have a low potential for abuse, and limited probability of dependence. These drugs include over-the-counter drugs that contain narcotics, as in cough medications that contain codeine.
- Schedule 6 drugs – have no accepted medical use in North Carolina, a low abuse potential, and a low probability of dependence. These drugs include Marijuana, Hashish Oil, and Hash.
Penalties for Drug Possession
Being charged with a Schedule 1 drug crime is a Class 1 felony that carries a penalty of 3 to 8 months of incarceration. Being charged with possession of a Schedule 2, Schedule 3, or Schedule 4 drug is a Class 1 Misdemeanor that carries of penalty of up to 45 days of incarceration. Possession of a Schedule 5 drug is a Class 2 misdemeanor that carries a penalty of up to 30 days of jail time. Possession of a Schedule 6 drug is a Class 3 misdemeanor that carries a penalty of up to 10 days in jail.
Marijuana Possession in North Carolina
Under North Carolina law, marijuana and hash are considered among the least dangerous drugs. However, the penalties for marijuana possession vary based on how much marijuana you have. In fact, possessing less than a half-ounce of marijuana for personal use will incur a fine, but not jail time.
A person who has in their possession between .5 and 1.5 ounces of marijuana could face up to 45 days in jail and up to $1,000 in fines. Possession of between ½ ounce and 1 ½ ounce is a Class 1 misdemeanor. However, if you are in possession of more than 1.5 ounces of marijuana, it is a felony and you could be sentenced to up to 12 months of incarceration.
Raleigh Drug Possession Law Firm
The Raleigh drug possession law firm of DeMent Askew is deeply experienced in all North Carolina drug laws and penalties. If you are facing a drug possession charge, contact us now at 919-833-5555 so we can begin building your defense and working to have the charges reduced or dismissed.