When facing felony charges, you need an experienced legal team!
Drug crimes are governed by the North Carolina Controlled Substances Act.[1] The Act contains an extensive list of “controlled substances” categorized into 6 different “Schedules.”[2] In addition to simple possession, it is unlawful to “manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance.”[3] “Distribution” and “delivery” are often used interchangeably when referring to criminal offenses under the Controlled Substances Act.[4]
Intent to sell or distribute a controlled substance is often proven by circumstantial, or indirect, evidence. Intent may be inferred from such circumstances as: the packaging, labeling, and storage of the controlled substance; the accused’s activities; the presence of cash or drug paraphernalia; and/or the quantity of the controlled substance.[5] Possession of a firearm, envelopes, plastic baggies, scales, unexplained cash, and finding the drug divided into several smaller packages are frequently cited as evidence of intent.[6] Quantity alone may support a reasonable inference of intent, but only if there is a “substantial” amount of the controlled substance.[7]
When the amount of the controlled substance is very large, the crime becomes one of drug trafficking. A person is guilty of drug trafficking if they sell, manufacture, deliver, transport, or possess more than the following:
Unlike other drug crimes, sentencing for trafficking convictions does not follow the North Carolina’s general sentencing guidelines, and the punishments, which include mandatory prison terms, are defined in the Act.
[1] N.C. Gen. Stat. §§ 90-86 to 90-113.8 [2] N.C. Gen. Stat. §§ 90-89 to 90-94 (Schedules I – VI) [3] N.C. Gen. Stat. § 90-95(a)(1). [4] See, e.g., State v. Wilkins, 208 N.C. App. 729, 703 S.E.2d 807 (2010) (discussing evidence sufficient to establish intent to “deliver” or “distribute”); N.C. Gen. Stat. § 90-87(10) (“’Distribute’ means to deliver other than by administering or dispensing a controlled substance.”). [5] State v. Coley, 257 N.C. App. 780, 786, 810 S.E.2d 359, 363 (2018). [6] See id., State v. Yisrael, 255 N.C. App. 184, 187, 804 S.E.2d 742, 744 (2017), aff’d, 371 N.C. 108, 813 S.E.2d 217 (2018); State v Chisholm, 225 N.C. App. 592, 595, 737 S.E.2d 818, 821 (2013); Wilkins, 703 S.E.2d 807; [7] Coley, 810 S.E.2d at 363. [8] N.C. Gen. Stat. § 90-95(h)(1). [9] N.C. Gen. Stat. § 90-95(h)(3). [10] N.C. Gen. Stat. § 90-95(h)(4).\ [11] N.C. Gen. Stat. § 90-95(h)(4a). [12] N.C. Gen. Stat. § 90-95(h)(4b).
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).
Class C
44 to 182 months
HIGH-LEVEL FELONIES
Some common examples of Class C or Class 3 felony crimes include stalking on the Internet, assault on a judge, carjacking, and certain forms of theft in some jurisdictions
class g
8 to 31 months
Mid-Level Felonies
Examples of Class G felonies are may include violent assaults, involuntary manslaughter, and common-law robbery.
class D
38-160 months
High-Level Felonies
Some examples of Class D felonies are involuntary manslaughter, avoiding capture, domestic abuse, human trafficking, possession of certain controlled substances, auto theft, petty theft, dui, bank check fraud, stalking, aggravated assault, arson, prostitution, larceny, firearms and weapons violations .
class H
4 to 25 months
Mid-Level Felonies
Examples of Class H felonies are assault by strangulation, embezzlement of amounts less than $100,000, habitual misdemeanor assault, obtaining properties by false pretenses, and breaking or entering.
Class E
15 to 63 months
Mid-Level Felonies
Some examples of Class E felonies are may include violent assaults, involuntary manslaughter, and common-law robbery.
class I
3 to 12 months
Low-level felonies
Examples of Class I felonies are larceny of a dog, credit card fraud, and domestic violence.
Prior convictions generally require sentencing at the higher end of the range. The North Carolina Judicial Branch has published a detailed punishment chart showing the range of minimum and maximum sentences.
[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).
Any person under the age of 18, with no prior drug convictions, may be given immunity from prosecution for possession or distribution of a controlled substance.[1] In exchange for immunity, the minor must disclose the identity of the person who supplied the minor with the drugs. This option is available only upon a recommendation from the district attorney and approval of the court.
[1] N.C. Gen. Stat. § 90-96.1.