Penalties for Illegal Possession of Prescription Drugs
As previously noted, prescription drugs are controlled substances and are classified as Schedule I-VI drugs, with a Schedule I drug considered the most serious to possess. North Carolina uses a complicated sentencing system that takes in a number of factors, such as the person’s prior criminal history, and there is a range of sentences that a judge may impose. Here are the range of sentences a person can face for each drug classification:
- Schedule I. Possession of a Schedule I drug is a Class I felony. The range of sentences is three to twelve months in prison.
- Schedule II, III, and IV. Being in possession of a Class II-IV controlled substance is usually charged as a Class 1 misdemeanor, but in limited situations can be a Class I felony crime. A person can be sentenced to between 1 and 120 days of punishment if convicted of a Class 1 misdemeanor.
- Schedule V Drugs. This offense is a Class 2 misdemeanor, and the possible punishment can be up to 60 days in jail and a fine of up to $1,000.
- Schedule VI Drugs. Being in possession of a Schedule VI controlled substance is a Class 3 misdemeanor. The maximum sentence could be 30 days in jail and a $200 fine.
Penalties for Selling, Manufacturing, or Distributing Prescription Drugs
As with possession charges, the penalties for possessing prescription drugs with the intent of selling, manufacturing, or distributing them will depend on the classification of the medication and other factors. Here are possible sentences a person can face:
- Schedules I and II. The manufacture and distribution of Schedule I and II drugs are charged as a Class H felony, and the sale is a Class G felony. A person could be sentenced to up to 24 months in prison for a Class H felony conviction and up to 31 months in prison for a Class G felony.
- Schedules III-IV. Manufacturing or distributing drugs classified as Schedule III, IV, V, or VI is a Class I felony, and the sale of these substances is a Class H felony, with possible sentence ranges as listed above.
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