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North Carolina Drug Lawyer

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Drug Charges

Getting charged with a drug crime or multiple drug crimes in North Carolina is a serious matter. Obviously, you want to minimize or potentially avoid the consequences you’re facing. You need an experienced criminal defense attorney who knows North Carolina drug laws.

Having an experienced drug attorney on your side can make a difference in your penalties and the consequences you face. The fact is, we can often get drug possession charges dismissed without the need for a trial. If we cannot, our defense attorneys stand on their reputation as tireless advocates and aggressive trial lawyers. They’ll guide you through plea negotiations and stand by you at trial.

Knowing what lies ahead is invaluable with a drug crime on your hands. Contact us today to set up a free consultation with a North Carolina drug lawyer.

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Our Team of Attorneys

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James R. McMinn
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Michael Fradin
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Derek M. Gray
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Daniel N. Logan
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NC Drug Schedules

Under North Carolina law, there are 6 schedules for controlled substances. Each level is defined by the potential for abuse, medical use acceptance, safety, and the likelihood of dependence. Below, we’ve outlined a few examples of the types of drugs under each schedule. We also indicate the minimum punishment if you’re charged with drug possession of any of these controlled substances. However, this is not a definitive list. Please consult with an experienced drug defense attorney in North Carolina to know the exact penalties you’re facing.

Schedule I

High potential for abuse. No medical use. Lack of accepted safety.

  • Heroin
  • GHB
  • Opiates
  • Lysergic acid diethylamide (LSD)
  • 3,4-methylenedioxymethamphetamine (ecstasy)
  • Methaqualone
  • Peyote

Minimum Punishment for 1st Offense: Class I Felony, 4-5 months

Schedule II

High potential for abuse. Accepted medical use with severe restrictions. Abuse may lead to physical/psychological dependence.

  • Hydrocodone
  • Raw opium
  • Opium extracts, fluid and powder
  • Codeine
  • Morphine
  • Cocaine
  • Methamphetamine
  • Methadone
  • Hydromorphone (dilaudid)
  • Meperidine (demerol)
  • Ritalin

Minimum Punishment for 1st Offense: Class 1 Misdemeanor, 45 Days in Jail

Minimum Punishment for 2nd Offense: Class I Felony, 4-5 Months

Schedule III

Potential for abuse, less than schedule 1 or schedule 2 substances. Accepted medical use.  Abuse may lead to limited dependence.

  • Ketamine
  • Anabolic steroids
  • Some barbituates

Minimum Punishment for 1st Offense: Class 1 Misdemeanor, 45 Days in Jail

Minimum Punishment for 2nd Offense: Class I Felony, 4-5 Months

Schedule IV

Low potential for abuse. Accepted medical use. May lead to limited dependence.

  • Valium
  • Xanax
  • Rohypnol
  • Darvon
  • Clonazepam Barbital

Minimum Punishment for 1st Offense: Class 1 Misdemeanor, 45 Days in Jail

Minimum Punishment for 2nd Offense: Class I Felony, 4-5 Months

Schedule V

Low potential for abuse. Acccepted medical use. May lead to limited dependence.

  • Over the counter cough medicines with codeine

Minimum Punishment for 1st Offense: Class 2 Misdemeanor, 30 Days in Jail

Minimum Punishment for 2nd Offense: Class 1 Misdemeanor, 45 Days in Jail

Schedule VI

Low potential for abuse. Acccepted medical use. May lead to limited dependence.

  • Marijuana
  • Hashish
  • Hashish oil

Minimum Punishment for 1st Offense: Class 3 Misdemeanor, 10 Days in Jail or Suspended Sentence

Minimum Punishment for 2nd Offense: Class 2 Misdemeanor 30 Days in Jail

Drug-Possession-Charges

How are Drug Possession Crimes Prosecuted?

In North Carolina, possessing any amount of cocaine, ecstasy, LSD, or heroin is a felony criminal charge. These and other narcotics are banned as Schedule I substances. According to N.C.G.S. §90-95(d)(1), possession of even the tiniest amount of these substances is punished as a Class I felony.

While these types of drug crimes may seem simple, we often see situations where officers charge several people with the possession of one small baggie of the drug. That can oftentimes create doubt about who possessed the drugs. An experienced North Carolina drug crime attorney will assess your case to determine if there exists a solid legal argument to suppress evidence against you to protect you and your criminal record.

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Drug Possession with Intent to Sell or Deliver (PWISD)

If you have been charged with possession of a controlled substance with the intent to manufacture, sell or deliver (PWISD), you are facing serious consequences, including jail time. What you considered to be a small amount of drugs for personal use could be deemed possession with intent to sell, and prosecutors will then seek a felony drug conviction.

If you are caught selling a Schedule I or II drug, you will be sentenced as a Class G felon. If you are caught selling a Schedule III, IV, V, or VI drug, you will be punished as a Class H felon.

North Carolina law prohibits the unauthorized sale of illegal and illicit substances such as:

Cocaine Crack-cocaine
LSD Heroin
Ecstasy Prescription drugs
Methamphetamine Marijuana

How is Drug Trafficking Charged?

Drug trafficking charges are typically very complicated cases that involve issues including controlled deliveries, search warrants, and identification issues. Most importantly, drug trafficking has its own severe sentencing structures. Unlike PWISD, drug trafficking is charged based on the weight of the drugs possessed. The sentencing structure is dependent upon the amount of the drugs seized. Those punished under this statute, though, can be punished with up to 279 months, or 23 years, in prison. To review the specific consequences associated with your drug charge, contact a North Carolina attorney from McMinn, Fradin, Gray & Logan.

Marijuana Trafficking Penalties

 

Quantity of Drugs Jail Time Fine
10 – 49 lbs. Class H Felony
25 – 30 Months		 $5,000
50 – 1,999 lbs. Class G Felony
35 – 42 Months		 $25,000
2,000 – 9,999 lbs. Class F Felony
70 – 84 Months		 $50,000
10,000 lbs. or more Class D Felony
175 – 219 Months		 $200,000

Cocaine Trafficking Penalties

 

Quantity of Drugs Jail Time Fine
28 – 199 grams Class G Felony
35 – 42 Months		 $50,000
200 – 399 grams Class F Felony
70 – 87 Months		 $100,000
400 grams or more Class D Felony
175 – 219 Months		 $250,000

Heroine Trafficking Penalties

 

Quantity of Drugs Jail Time Fine
4 – 13 grams Class F Felony
70 – 84 Months		 $50,000
14 – 27 grams Class E Felony
90 – 117 Months		 $100,000
28 grams or more Class C Felony
225 – 279 Months		 $250,000

Methamphetamines Trafficking Penalties

 

Quantity of Drugs Jail Time Fine
28 – 199 grams Class F Felony
70 – 84 Months		 $50,000
200 – 399 grams Class E Felony
90 – 117 Months		 $100,000
400 grams or more Class C Felony
225 – 279 Months		 $250,000

Our Offices in North Carolina

McMinn, Fradin, Gray & Logan
1133 West 1st St
Winston-Salem, NC 27101
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Winston-Salem, NC 27101
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McMinn, Fradin, Gray & Logan
328 E Market St Ste 120
Greensboro, NC 27401
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What is Considered Drug Paraphernalia

As our North Carolina attorney can further explain, most anything can be considered drug paraphernalia if it accompanies an illegal substance. In North Carolina, possessing drug paraphernalia is a Class 1 misdemeanor pursuant to N.C.G.S. §90-113.22. That is a higher-level misdemeanor than possession of a small amount of marijuana. Anything used in the manufacture of drugs such as bowls, containers, mixing devices, capsules, balloons, and even gardening supplies can be and often is considered drug paraphernalia. A drug paraphernalia charge may sound harmless, but it could damage you more than the drug charge.

Water Pipes Rolling Papers
Glass Pipes Bongs
Grinders Roach Clips
Spoons Scales
Syringes Vials
Baggies Cash

Facing a Drug Charge in North Carolina? Contact Our Defense Lawyers For Help.

Many drug crimes result in a conviction. We urge you not to go to court without first talking to an experienced attorney. Our attorneys deal with these charges every day in the courtroom and know what statutory elements the state is going to be required to prove to obtain a drug conviction against you.

McMinn, Fradin, Gray & Logan offers free criminal consultations at all of our Triad locations. Let our team of North Carolina drug lawyers analyze the particular facts of your case and advise you on how to proceed. Contact us today, and we’ll schedule you a consultation at your earliest convenience.

Remember, this is what we do. We know what you’re going through. We also know the law, and we’re ready to talk about your options.

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