Although they might seem clear, North Carolina drug laws and penalties can be surprisingly complex. The state has somewhat severe penalties for possessing, distributing, manufacturing, and trafficking drugs. These penalties are highly variable and depend on a variety of factors. For a clearer understanding of the potential impact of your drug charges and how to face them, contact a drug crimes attorney today.
Different types of drugs impact the severity of a drug charge. In North Carolina, there are six classifications of drugs, with Schedule I being the most egregious and Schedule VI being the least egregious. The drugs are evaluated based on their health applications and their potential for drug addiction and misuse. The schedules are as follows:
Most drug trafficking offenses are considered felonies, but they can differ on how severe the punishment might be:
While possession and trafficking are the most common types of drug crimes, there are other types that come with additional penalties, including:
A: Mandatory drug sentencing refers to the requirements for prison sentencing given to certain types of drug charges like possession and trafficking. Depending on the type of drug and the amount of drugs found, you could be given a mandatory sentence of 25-225 months in prison. To learn more about how you can potentially reduce or eliminate these charges and their prison sentences, contact a North Carolina criminal defense attorney.
A: Laws regarding drug possession vary depending on the type of drug found and how much of it was found. There is also a difference between simple drug possession and the intent to sell or distribute drugs. If the amount of a drug found exceeds a certain amount, drug trafficking charges might apply. For details on specific laws on drug possession in North Carolina, contact a criminal defense attorney.
A: While many first-time drug offenders are subject to mandatory prison sentences depending on the schedule classification of the drug they possess and the amount they possess, some are able to avoid jail time with a conditional discharge. This option gives first-time offenders probation and a requirement to complete a drug education course. It is not available to every individual, but this option can help those who are first-time drug offenders.
A: Drugs are not decriminalized, but some come with lower penalties. This means that Schedule VI drugs like marijuana often come with smaller or no sentencing depending on the circumstances. In North Carolina, possessing under 0.5 oz of marijuana without intending to distribute it is a misdemeanor that is not associated with any jail time but comes with a $200 fine. Possessing larger amounts can result in a felony with jail time.
Even though drug charges can seem impossible to overcome, there are often strategies that can be used to increase the odds of a reduced sentence. Contacting a criminal defense attorney can help you understand your options and how they would effectively represent you. Having a partner when arguing your case can give you peace of mind about the charges you’re facing. Schedule a consultation with Edwards Law, PLLC, for more information on your case.