Drug Charges

Your Sentence For Violating North Carolina’s Drug Laws Will Depend On The Penalty Schedule

Sometimes federal and state drug laws conflict with each other. While you may be in conformity with your state laws, you could still be prosecuted under federal laws per the doctrine of preemption. This page focuses on state-level drug charges in North Carolina. The penalties for violating North Carolina’s drug laws depend upon what you were doing with the drug (i.e., simply possessing it, possessing it with the intent to distribute it, actually selling or distributing it, etc.) and the particular schedule that the drug falls into.

Whether you were charged with drug possession, trafficking, distribution, selling or manufacturing, you need a strong, experienced criminal defense team. Our attorneys at PRJ Law have literal decades of experience in defending individuals against a wide range of drug charges. North Carolina’s drug laws vary from misdemeanors to felonies and will negatively impact your life and record.

SELLING TO MINORS OR A PREGNANT WOMEN Adults 18 or older distributing illegal drugs to teens who are older than 13 but 16 or younger face Class D felony drug charges. Selling drugs to a minor who is 13 or younger is a Class C Felony. It is not a defense to these charges that you did not know the person was pregnant, or that you thought the minor was legally an adult.

Drug Paraphernalia If the drug paraphernalia relates to marijuana, this is a Class 3 misdemeanor. If it is for a drug other than marijuana, it becomes a Class 1.

Death By Distribution Act If you sell certain controlled substances and the ingestion of the certain controlled substances causes the death of the user, it is generally a Class C felony. In certain aggravated circumstances involving certain substances, this becomes a Class B2 felony.

DRUG FREE ZONES If you commit sell, deliver, manufacture, or possess with the intent to do any of those things within 1000 feet of any school, child care center, or public park, it is a Class E felony.

POSSESSION, MANUFACTURE, SELL/DELIVER The punishment for these acts depends on the drug and schedule it falls in. Please see below for penalties.

In North Carolina, all the different types of drug offenses are addressed in one statute (law). This statute lays out both prohibited conduct and the penalties for violating North Carolina’s drug laws.

The punishments for illegally trafficking controlled substances are more severe than for possession, possession with intent, selling or delivering, or manufacturing. North Carolina’s drug law lays out the minimum amount of each controlled substance that must be involved in order for a person to be charged with trafficking.

WHAT IS AN INDICTMENT?

AN INDICTMENT

An indictment is the instrument that formally charges against who is accused of committing a felony, filed after the conclusion of a grand jury investigation. If you are indicted, your case will move to Superior Court (where jury trials occur).

WILL I LOSE MY FINANCIAL AID BECAUSE OF A DRUG CHARGE?

RISK

Drug convictions no longer disqualify you from receiving federal financial aid; you just have to report the conviction the next time you fill out a FAFSA.

HOW LONG WILL A DRUG CHARGE STAY ON MY RECORD?

For misdemeanors committed prior to age 18 click here.

CRIMINAL RECORD

If you are not ultimately convicted, the fact that you were arrested/charged with a North Carolina drug crime will stay on your record forever unless you petition the court to have the charge expunged. If you are convicted, only certain low-level drug convictions are eligible for expungement.

CAN I BUY A GUN IF I HAVE A DRUG CONVICTION?

GUN LAWS

Not if the conviction was for a felony that has not yet been expunged. North Carolina has a Felony Firearms Act that makes it a Class G felony for anyone who has ever been convicted of a (non-expunged) felony to possess a gun.

IS POSSESSION OF DRUG PARAPHERNALIA A CRIME?

NC DRUG LAWS

North Carolina law makes it illegal to possess any paraphernalia when the intent is for drug consumption. See the “DRUG PARAPHERNALIA” section above for more information.