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Criminal Defense
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Personal Injury
Raleigh Prescription Drug Crimes Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
North Carolina treats prescription drug offenses seriously, from unlawful possession to trafficking. Schedule a consultation with an experienced Raleigh defense attorney to discuss your case.
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Whether you’re facing allegations of illegal possession, doctor shopping, prescription fraud, or distribution, these charges carry severe penalties that can include years in prison, substantial fines, and a permanent criminal record that will follow you for life.
At DeMent Askew Johnson & Marshall, we understand that many people charged with prescription drug crimes aren’t hardened criminals. They’re often professionals, students, parents, or individuals struggling with pain or dependency issues who made a mistake or were caught in circumstances beyond their control. Your entire future depends on what you do right now. The decisions you make in the coming days will determine whether this becomes a life-altering conviction or a manageable legal challenge.
North Carolina classifies controlled substances into six “schedules” based on their accepted medical use and potential for abuse. The schedule classification directly impacts the severity of charges and potential penalties:
These have legitimate medical uses but high potential for abuse and dependency, including:
Illegal possession penalties: Class 1 misdemeanor punishable by up to 120 days in jail (can be elevated to Class I felony for certain quantities)
These have moderate potential for physical and psychological dependency, including:
Illegal possession penalties: Class 1 misdemeanor punishable by up to 120 days in jail (elevated to Class I felony for more than 100 dosage units)
These have lower potential for abuse but still carry significant legal consequences, including:
Illegal possession penalties: Class 1 misdemeanor punishable by up to 120 days in jail (elevated to Class I felony for more than 100 dosage units)
These have the lowest potential for abuse among controlled substances, including:
Illegal possession penalties: Class 2 misdemeanor punishable by up to 60 days in jail
Prescription drug offenses in North Carolina come in many forms, each carrying its own set of penalties and legal challenges:
Under N.C.G.S. § 90-95, possessing a prescription medication without a valid prescription is illegal. This includes:
Prescription fraud encompasses a range of deceptive practices to obtain medications, including:
Selling or giving away prescription medications—even your own legitimately prescribed drugs—is a serious felony offense. Charges increase in severity based on:
When quantities exceed certain thresholds, possession or distribution becomes trafficking, carrying mandatory minimum sentences:
Driving while impaired by prescription medications—even those legally prescribed to you—can result in DWI charges carrying penalties including:
Beyond jail time and fines, prescription drug convictions create devastating collateral consequences: Professional License Revocation: Healthcare professionals, attorneys, teachers, and other licensed occupations face automatic suspension or revocation of professional licenses. Employment Devastation: Background checks routinely screen for drug offenses, limiting career opportunities for decades. Educational Barriers: Students face financial aid ineligibility, academic discipline, and limited educational opportunities. Healthcare Impacts: Many healthcare providers restrict access to controlled substances for patients with drug convictions. Housing Obstacles: Both public and private housing providers often reject applicants with drug offense records. Family Court Consequences: Child custody and visitation rights can be restricted based on drug convictions. Immigration Consequences: Non-citizens face potential deportation or inadmissibility even for minor drug offenses. These consequences often last far longer than any jail sentence, creating a lifetime of barriers to rebuilding your life.
Despite the serious nature of prescription drug offenses, effective defense strategies exist. Our experienced defense team develops customized approaches, including:
When you choose our firm to defend against prescription drug charges, you benefit from:
We don’t just defend cases—we defend careers, reputations, and futures.
If you’ve been charged with a prescription drug offense in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing prescription drug charges. Your freedom. Your reputation. Your career. Your future. Our team of experienced criminal defense attorneys is ready to stand between you and the severe consequences of a prescription drug conviction. The consultation is completely confidential.
Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle prescription drug charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Technically, yes. North Carolina law requires that prescription medications be kept in their original containers with proper labeling. Carrying pills in unmarked containers or pill organizers could lead to possession charges. However, if you can provide proof of a valid prescription, our attorneys can often successfully challenge these charges. We recommend keeping a photo of your prescription label or a copy of your prescription information when using pill organizers.
Possessing someone else’s prescription medication is illegal in North Carolina, even if you have their permission. This includes medications prescribed to family members or friends. The penalties depend on the type of medication and quantity possessed. Common situations include parents carrying their children’s medications or spouses sharing prescriptions. While these situations may seem innocent, they can result in serious criminal charges without proper legal representation.
Potentially, yes. “Doctor shopping”—visiting multiple physicians to obtain prescriptions for the same or similar medications without disclosing previous prescriptions—is a form of prescription fraud. North Carolina uses a Controlled Substance Reporting System that allows pharmacies and doctors to track prescriptions, making detection increasingly likely. However, visiting multiple specialists for legitimate medical reasons with full disclosure is not illegal. Our attorneys can help establish legitimate medical necessity in these cases.
Selling or giving away your own legitimately prescribed medication is a serious felony offense in North Carolina. For Schedule II substances like opioid painkillers or ADHD medications, this is typically charged as a Class G felony, punishable by up to 47 months in prison. Even sharing a few pills with a friend or family member can result in distribution charges. The severity increases based on the type of medication, quantity, and whether sales occurred near schools or to minors.
Some prescription drug convictions may be eligible for expungement under North Carolina law, particularly for first-time offenders who complete drug diversion programs. The eligibility requirements depend on the specific offense, your criminal history, and the time elapsed since completing your sentence. First-time offenders who receive a conditional discharge under N.C.G.S. § 90-96 are typically eligible for expungement after successfully completing all requirements. Our attorneys can evaluate your specific situation and guide you through the expungement process when possible.
Not automatically, but the arrest may affect your prescription access. Law enforcement doesn’t routinely notify physicians of patient arrests. However, if your charges involve prescription fraud or doctor shopping, the investigation may eventually involve your healthcare providers. Additionally, healthcare providers performing background checks may discover your arrest. The most immediate concern is that bail conditions often restrict access to controlled substances, potentially interfering with legitimate medical treatment. Our attorneys work to ensure continued access to necessary medications while fighting your charges.
Prescription drug DWIs present unique challenges and defenses. Unlike alcohol, where specific blood alcohol concentration thresholds establish impairment (0.08% BAC), prescription drug impairment is more subjectively determined through field sobriety tests and officer observations. Even legally prescribed medications taken as directed can lead to DWI charges if they cause impairment. However, these cases often have strong defense possibilities, including challenging the officer’s qualification to recognize drug impairment, questioning field sobriety test validity for medical conditions, and establishing legitimate medical use according to prescription directions.
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