DRUG POSSESSION & TRAFFICKING CHARGES
Drug addiction is a public health crisis in North Carolina and the United States. The High Country of North Carolina is no exception.
State and federal governments criminalize the possession of controlled substances without addressing underlying factors such as addiction. If you are facing a narcotics charge in and around Boone, North Carolina, you should immediately seek legal counsel.
Harmon Law is experienced in challenging the state’s evidence to have your charges reduced or dismissed. Contact us for a free legal consultation to see if we can help you seek alternative options such as drug deferral programs.
TYPES OF NORTH CAROLINA DRUG CRIMES
Under North Carolina law, drug crimes range from misdemeanor possession of drug paraphernalia or marijuana to felony possession of drugs, possession with intent to sell or deliver (PWISD), and drug trafficking.
Harmon Law’s drug crime defense has handled cases involving drugs such as marijuana, cocaine, heroin, and methamphetamine. Our law firm has experience with typical drug crime charges including:
- Drug possession
- Intent to sell or distribute
- Sale and manufacturing of narcotics
- Trafficking controlled substances
- Prescription drug possession
No matter what charge you face, a drug conviction can damage your personal and professional life, even if it’s a misdemeanor offense. Always consult with a lawyer before making a plea or facing your charges in court.
NORTH CAROLINA DRUG SCHEDULES
North Carolina categorizes controlled substances in schedules according to their danger and addictive qualities.
Schedule I
Highly addictive controlled substances such as heroin, LSD, ecstasy, morphine, and opiates.
Schedule II
Pain medications such as hydrocodone, codeine, fentanyl, raw opium, and products with opium extracts. Schedule II drugs also include stimulants such as Ritalin and methamphetamines.
Schedule III
Sedatives such as ketamine, some barbiturates, and anabolic steroids.
Schedule IV
A mix of stimulants and depressants such as Xanax, Valium, barbital, and clonazepam.
Schedule V
Possession of high quantities of over-the-counter medicines available at pharmacies and retail stores, and medicines with smaller quantities of codeine.
Schedule VI
Substances containing marijuana, hashish, hashish oil, and synthetic cannabinoids.
PUNISHMENTS FOR DRUG CRIME CONVICTIONS
State laws regulate the laws for punishments for drug crimes. In North Carolina, charges depend on the amount and type of drug involved in your arrest. Distribution and manufacturing of controlled substances can bring even larger charges and punishments than simple possession.
Misdemeanor Possession of Marijuana
Conviction Class
Class I Misdemeanor if between half an ounce and 1.5 ounces.
Class III Misdemeanor if less than half an ounce.
Punishment
Class I – 6 months to 2 years in jail.
Class III – up to 30 days in jail.
Misdemeanor Possession of Drug Paraphernalia
Conviction Class
Class I Misdemeanor
Punishment
6 months to 2 years in jail
Misdemeanor Possession of Schedule V Drugs
Conviction Class
Class II Misdemeanor
Punishment
30 days to 6 months in jail
Misdemeanor Possession of Schedule II, Schedule III, or Schedule IV Drugs
Conviction Class
Class I Misdemeanor
Punishment
6 months to 2 years in jail
Felony Possession of Marijuana
Conviction Class
Possession of 1.5 ounces or more of marijuana is a Class I Felony.
Punishment
4 to 6 months in jail
Possession of a Schedule I Drug
Conviction Class
Class I Felony
Punishment
4 to 6 months in jail
Sale of Schedule I or Schedule II Drugs
Conviction Class
Class G Felony
Punishment
10 to 13 months in jail
Sale of Schedule III, Schedule IV, Schedule V, or Schedule VI Drugs
Conviction Class
Class H Felony
Punishment
5 to 6 months in jail
Possession with Intent to Sell and Deliver (PWISD) Schedule III through Schedule VI drugs
Conviction Class
Class I Felony
Punishment
4 to 6 months
Possession with Intent to Sell and Deliver (PWISD) or Sale of a Counterfeit Drug
Conviction Class
Class I Felony
Punishment
4 to 6 months
Manufacture of Methamphetamine
Conviction Class
Class C Felony
Class H if manufacturing only involves labeling and packaging.
Punishment
Class C – 4.8 to 6 years in prison
Class H – 5 to 6 months in jail
PUNISHMENTS FOR DRUG TRAFFICKING
Transporting, large-scale possession and sale of controlled substances are punished more harshly than simple possession charges in North Carolina. There are mandatory minimum sentences for drug trafficking with levels of punishment for individual drugs that increase with the amount cited in charges.
Controlled Substance
Amount
Punishment
Marijuana
10 to 50 pounds
25 to 30 months in prison
Cocaine
28 grams to 200 grams
35 to 42 months in prison
Heroin or Opium
4 to 14 grams
70 to 84 months in prison
LSD
100 to 500 doses
35 to 42 months in prison
MDMA or Ecstasy
100 to 500 doses
35 to 42 months in prison
CONTACT A DRUG CHARGES DEFENSE ATTORNEY IN BOONE
If you are facing an offense relating to a controlled substance in Boone or Watauga County North Carolina, a drug defense lawyer from Harmon Law can help you protect your legal rights.
Jason Harmon’s experience as a criminal defense attorney in the Superior and District Courts allows us to craft an effective strategy for negotiating your case. Contact us today at 828-386-6500 or fill out our confidential intake form for a consultation.