The charges and potential punishment depend on a number of factors, including, the type of the controlled substance, the amount of the drug involved, the presence of aggravating factors, and whether the offender has any prior drug convictions.
Charges involving Schedule I and II drugs are more severe as these substances a high potential for abuse, very limited or no medicinal purpose, and a high risk of dependence.[13] Common Schedule I and II drugs include cocaine, LSD, ecstasy, psilocybin (“magic”) mushrooms, and various opioids (e.g., heroin, morphine, codeine, fentanyl, oxycodone, hydrocodone, etc.). Schedules III, IV, and V are considered less dangerous and include substances such as suboxone, ketamine, anabolic steroids, Xanax, Valium, Klonopin, and cough medicines with small amounts of codeine (e.g., Robitussin AC).[14] Schedule VI drugs are limited marijuana and tetrahydrocannabinols (THC).[15]
In North Carolina, the severity of the crime is denoted by its class, and felony offenses are classified by letters A to I, with A being the most serious. The distribution of, or possession with intent to distribute, a Schedule I or II substance is a Class H felony.[16] The distribution of, or possession with intent to distribute, a Schedule III, IV, V, or VI substance is a Class I felony (except for the transfer of less than 5 grams of marijuana for no compensation).[17] The sale of a controlled substance elevates the crime to a Class G or Class H felony.[18]
Certain aggravating circumstances will increase the level of punishment. For example, the sale or delivery of a controlled substance to a pregnant woman or to a person between the ages of 13 and 16 is a Class D felony, while the sale or delivery to a person 13 or younger is a Class C felony.[19] The distribution of, or possession with intent to distribute, a controlled substance within 1,000 feet of an elementary school, secondary school, a child care center, or a public park is a Class E felony.[20] As mentioned above, the punishments for trafficking offenses are specifically defined in the Controlled Substances Act, and the length of imprisonment and the number of fines depends on the amount and type of drug.
The class level determines the permissible sentencing range, and the following list show the potential terms of imprisonment:
[13] N.C. Gen. Stat. §§ 90-89 (Schedule I) and 90-90 (Schedule II). [14] N.C. Gen. Stat. §§ 90-91 (Schedule III), 90-92 (Schedule IV), and 90-93 (Schedule V). [15] N.C. Gen. Stat. § 90-94. [16] N.C. Gen. Stat. § 90-95(b)(1) [17] N.C. Gen. Stat. § 90-95(b)(2). [18] N.C. Gen. Stat. § 90-95(b)(1)-(2). [19] N.C. Gen. Stat. § 90-95(e)(5). [20] N.C. Gen. Stat. § 90-95 (e)(8), (10).
