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.

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.

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RALEIGH | MOREHEAD CITY

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