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POSSESSION

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.

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

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 Drug Possession Law Firm

The Raleigh 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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CRIMINAL DEFENSE SUCCESS

Not Guilty DWI – No Probable Cause

March 26, 2019

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…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

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.

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

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…

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71% reduction in jail time acquired.

March 26, 2019

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…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

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…

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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

February 12, 2019

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…

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