DRUG POSSESSION CRIMES IN NORTH CAROLINA
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 I Controlled Substances – have no accepted medical use and have a high probability of abuse. These drugs include Opiates, Heroin, Ecstasy, Peyote, Codeine –N-Oxide, Psilocybin, and GHB among others.
- Schedule II Controlled Substances – are accepted for medical use, have the potential for abuse, and can cause psychic or physical abuse. These drugs include Opium, Codeine, Hydrocodone, Morphine, Oxycodone, Cocaine, Methamphetamine, Methadone, and Fentanyl, among others.
- Schedule III Controlled Substances – are accepted for medical use and have a lower potential for abuse than Schedule I and II drugs, and have a low to moderate probability of abuse. These drugs include Lysergic Acid, Ketamine, Nalorphine, Methyprylon, anabolic steroids, some barbiturates, and others.
- Schedule IV Controlled Substances – 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 V Controlled Substances – 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 VI Controlled Substances – 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 possession of a Schedule I controlled substance crime is a Class I felony that carries a penalty of 24 months of incarceration. Being charged with possession of a Schedule II, Schedule III, or Schedule IV controlled substance is, at minimum a Class I Misdemeanor that carries a penalty of up to 120 days of incarceration. Possession of a Schedule V controlled substance is a Class 2 misdemeanor that carries a penalty of up to 60 days of jail time. Possession of a Schedule VI controlled substance is a Class III misdemeanor that carries a penalty of up to 20 days in jail.
Russell W. DeMent III
Criminal Defense Lawyer
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.
Possession of between ½ ounce and 1 ½ ounce is a Class I misdemeanor. However, if you are in possession of more than 1 ½ ounces of marijuana, it is a felony and you could be sentenced to up to 24 months of incarceration.
Raleigh & Morehead City Drug Possession Law Firm
The Raleigh & Morehead City drug possession law firm of DeMent Askew& Johnson 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.
Criminal Law Articles from the Blog
CONNECT WITH US
AVAILABLE AT 9AM TO 6PM
333 Fayetteville Street, #1513
Raleigh, NC 27601-2950
MOREHEAD CITY OFFICE:
810 Arendell Street
Morehead City, NC 28557
CRIMINAL DEFENSE SUCCESS
Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…
Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…
Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time
Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…
The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…
Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop
All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…
The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…
The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…
Defendant charged with 2 counts of habitual impaired driving on his 7th total offense. Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.
Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…
The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…
The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…
The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…
Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…
The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…
Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…