Drug charges should be taken seriously in North Carolina. Having a conviction on your record has far-reaching consequences, and this is especially true when facing felony charges.
Types of Drug Charges
There are many different types of drug crimes with varying degrees of severity. North Carolina law states that it is illegal to manufacture, sell, deliver, or possess with the intent to manufacture, sell, or deliver a controlled substance.[1]
The following offenses, among others, are illegal in North Carolina:
- Possession of drugs
- Possession of paraphernalia
- Selling or distributing drugs
- Transporting drugs
- Drug trafficking
Of the charges listed here, drug trafficking is one of the most severe charges you can face.
What is Drug Trafficking?
When someone imports, transports, or sells illegal drugs, they are trafficking. Drug trafficking involves larger amounts of illegal substances than other charges, which is why it is penalized more harshly than selling or transporting charges alone.
Penalties for Drug Trafficking
The penalties in North Carolina range significantly depending on the type of drug and the amount. Every trafficking offense is considered a felony, but there are different classes of felonies that have varying penalties.[2] For example:
- Trafficking 10 – 49 pounds of marijuana is a Class H felony that carries a fine of $5,000 and up to 39 months in jail.
- Trafficking 200 – 399 grams of cocaine is a Class F felony, resulting in a $100,000 fine and up to 93 months in jail.
- Trafficking 1,000 or more units of LSD is a Class D felony punishable by a fine of $200,000 and up to 200 months in jail.
Drug Schedules
To help determine the penalties and the class of felony, North Carolina also uses drug schedules.[3]
Schedule I drugs have no medical use and are highly addictive. They also carry an increased risk for abuse. Examples include heroin, marijuana, LSD, and ecstasy.
Schedule II drugs may have some medical uses, but the risk of abuse or addiction is high. These drugs can be prescribed by a doctor and include Vicodin, fentanyl, and Ritalin.
Schedule III drugs carry a low to moderate risk of addiction or abuse. They may be prescribed and are rarely available over the counter. Some examples are testosterone and Tylenol with codeine.
Schedule IV drugs have accepted medical use with little risk of abuse or addiction. Xanax and Valium are two examples.
Schedule V drugs have the lowest risk of abuse. Robitussin AC is a common example.
Trafficking charges associated with drugs that fall into Schedules I and II will carry harsher penalties because of the more dangerous classification.
If you are facing drug trafficking charges, contact Ley Law at 252-612-0007.
[1] N.C.G.S. § 90-95. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_90/GS_90-95.pdf
[2] Id.
[3] D.E.A. Drug Scheduling. https://www.dea.gov/drug-information/drug-scheduling
