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What You Should Know About Misdemeanor Drug Laws in North Carolina

Among the more than 40,000 inmates across North Carolina prisons, the most frequent crime committed is drug possession. Anyone who is arrested for a drug crime in North Carolina has the potential to be charged under a number of statutes. They include misdemeanor drug laws, felony drug laws, and felony drug trafficking laws. Trafficking charges carry a more serious consequence and may include charges by federal authorities instead of state authorities.

Misdemeanor Drug Laws in NC

North Carolina’s misdemeanor drug laws include but are not limited to:

  • Misdemeanor Possession of Drug Paraphernalia: This law makes it illegal for someone to use, or to possess with intent to use, drug paraphernalia for a variety of purposes, including to conceal an illegal controlled substance other than marijuana. It may be classified as a Class 1 misdemeanor.
  • Misdemeanor Possession of Other Drugs: These drugs include codeine, opium, and other types of narcotics and their salts. Possession of these types of drugs may fall under a Class 1 misdemeanor.
  • Misdemeanor Possession of Marijuana: If the amount of marijuana is more than half an ounce up to one and a half ounces, the punishment may fall under a Class 1 misdemeanor. Less than half an ounce is a Class 3 misdemeanor.

Consequences for Misdemeanor Charges

The punishment which is served for misdemeanors in North Carolina will vary based on prior convictions an individual may have and which class the misdemeanor falls into. Classes of offenses range from A1 to 3, and prior convictions levels range from I (no prior convictions), II (one to four prior convictions), and III (five or more prior convictions). Consequences for drug use, possession, and distribution in North Carolina can range from fines and no jail time to felony charges and an extensive period of time in prison.

Different types of drugs are categorized into different schedules. The higher the probability of abuse associated with a drug and its level of acceptance for medical use will determine which schedule it fits into.

Each of the misdemeanor classifications will vary based on the intent to distribute, how much of the drug the person has in his or her possession, and in what capacity the drug is found. Each situation is unique and is best explained by an experienced law professional.

Partnering with a Trusted Legal Expert

If you or someone you know has been charged with a drug crime, it is important to secure the services of an experienced legal professional. No matter the charge, everyone deserves fair legal representation. A seasoned attorney will take the time to explain the legal process and make sure you get the treatment you deserve.

Drug laws in NC are detailed and best explained by someone who knows the law. Contact us today to see how we can help you or someone you care about; whether you are facing drug charges, DUI charges, or have experienced a traffic accident, we can help you through the legal process each step of the way.

Author Bio

Ryan Brown

J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER

Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.

Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.

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Reviews

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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Based on 250+ Reviews