What’s the Crime of Possession of a Drug in North Carolina?
Drug possession crimes fall under North Carolina General Statute § 90-95 and can be charged as a misdemeanor or felony drug possession crime under this law. § 90-95 (a)(3) defines drug possession as possessing a controlled substance.
Understanding the elements of this offense is crucial for mounting a strong defense. You must knowingly possess a drug to be convicted of this crime. The possession of the drugs can be actual or constructive. The drugs must be listed as a controlled substance under Schedules I through VI.
When Can You Be Charged With Possession With the Intent to Manufacture, Sell, or Deliver Drugs?
Possession with the intent to manufacture, sell, or deliver is a more serious charge, falling under North Carolina General Statute § 90-95(a)(1). The elements of this crime are:
- Knowledge. This means that you knew you were engaging in the activity you’re accused of committing.
- Possession. To be convicted, you must have had actual or constructive possession of a controlled substance.
- Intent. To be found guilty, you must have intended to manufacture, sell, or deliver the drugs in your possession.
Sentences for Drug Possession Crimes in Charlotte
The penalties can be severe if you’re found guilty of possession or possession with intent to manufacture, sell, or deliver. You may have more options to get charges dropped or dismissed if you’re arrested for possession of a controlled substance as a misdemeanor rather than a felony.
For example, your skilled criminal defense attorney at Browning & Long may be able to negotiate a conditional discharge of the drug possession charges through a plea bargain.
Here are the potential maximum punishments you could face for a misdemeanor or felony conviction.
- Schedule I drugs. A conviction of possession of a Schedule I drug is a Class 1 felony punished by a maximum sentence of 24 months in prison.
- Schedule II, III, and IV drugs. In most cases, possession of drugs in these classifications would be a Class 1 misdemeanor. If convicted, the punishment could be up to 120 days in jail. However, the crime could be elevated to a Class 1 felony if you possess a certain amount of specific controlled substances.
- Schedule V drugs. Possession of Schedule V drugs is classified as a Class 2 misdemeanor in North Carolina. Your sentence could include up to 60 days in jail.
- Schedule VI drugs. You would be charged with a Class 3 misdemeanor for possession of a Schedule VI drug. You could have to serve a 20-day jail sentence. However, you would be charged with a Class 1 felony if you were in possession of more than one and a half ounces of marijuana, 21 grams of synthetic cannabinoid, or 3/20 of an ounce of hashish.
Punishments for Possession with Intent to Manufacture, Sell, or Deliver Drugs
Possession with intent to manufacture, sell, or deliver is typically charged as a felony. The seriousness of the charge depends on the classification of the controlled substance. Here are the possible sentences a judge could impose if you’re convicted:
- Schedule I and II drugs. This would be a Class H felony punishable by up to 39 months in prison.
- Schedule III, IV, V, and VI drugs. Possession with the intent to manufacture, sell, or deliver Schedule III, IV, V, and VI controlled substances is a Class I felony. The punishment is the same as for other Class I felony drug convictions—up to 24 months in prison.
Retaining an attorney is vital given the harsh penalties you face if convicted of a drug possession crime in Charlotte or Mecklenburg County. At Browning & Long, PLLC, our criminal defense lawyers have the expertise to vigorously defend you to achieve the best possible outcome in your criminal case.