Drug Possession Defense Lawyers in North Carolina

Are you facing a drug possession charge in North Carolina? If so, your future could be at risk. Our drug possession lawyers have extensive experience defending against possession with intent to distribute charges in North Carolina. We use our extensive trial experience to fight hard for clients who are facing all different levels of controlled substances charges. Drug possession charges in Charlotte and Mecklenburg County can result in serious penalties. Even if law enforcement only discovers a small amount of controlled substances, you could still face significant jail time and fines.

Our Charlotte Drug Possession Lawyers can Help

You may think that since law enforcement only discovered a small amount of a controlled substance on your person, your drug possession charge is no big deal. North Carolina takes drug charges extremely seriously. Depending on the type of controlled substance and the circumstances of your case, you could be facing a possible felony conviction that will show up on your criminal record. Contact our drug possession lawyers today to schedule your initial consultation as soon as possible.

North Carolina Drug Possession Laws

All North Carolina drug possession charges are serious. The quantity and type of drugs involved will affect the severity of the penalties. Drug possession with the intent to distribute controlled substances is a crime. When defendants are carrying a certain amount of the controlled substance, that can result in a conviction of trafficking offense. Drug possession is a Class 1 misdemeanor in North Carolina.

North Carolina Controlled Substances Categories

Not all drugs are equally dangerous. North Carolina divides illegal drugs into six different categories, or schedules. The higher the potential for abuse, risk to public health, and evidence of pharmacological effect, the lower the schedule. For example, Schedule I drugs have the highest potential for abuse and no currently acceptable lawful medical use. Schedule VI drugs have the lowest potential for abuse.

Schedule I Drugs

  • Opiates include morphine and heroin
  • Hallucinogenic Substances such as MDMA and MMDA
  • Peyote
  • Psilocybin or shrooms

Schedule II Drugs

  • Opium
  • Oxycodone
  • Fentanyl
  • Amphetamine
  • Methamphetamine

Schedule III Drugs

  • Testosterone
  • Codeine
  • Ketamine
  • Barbiturates

Schedule IV Drugs

  • Depressants, including Xanax
  • Stimulants such as Cathine or Khat

Schedule V Drugs

  • Codeine in lesser substances
  • Some substances that are sold at retail locations without a prescription to those age 18 or older

Schedule VI Drugs

  • Marijuana
  • Synthetic cannabinoids
Simple Drug Possession in North Carolina

Simple drug possession is a crime in North Carolina. When law enforcement finds someone in possession of any type of controlled substance listed above, they can bring charges for simple possession. Simple possession happens when the defendant is in possession of a drug with the intent to use the drug. The charges for simple possession depend on the substance, as follows:

  • Possession of a Schedule I drug is a Class 1 felony
  • Possession of a Schedule II, II, or IV drug is a Class 1 misdemeanor when the amount is less than 4 doses. When the suspect is in possession of over four doses of the drug, they face a Class 1 felony charge
  • Possession of a Schedule V drug is a Class 2 misdemeanor
  • Possession of a Schedule VI drug is a Class 3 misdemeanor when the amount is less than .5 of an ounce. When the amount is between .5 and 1.5 ounces, the defendant will face a Class 1 misdemeanor. Possession of more than 1.5 ounces is a Class 1 felony charge, which is quite serious.
Simple Possession and Possession of Drug Paraphernalia

Many times, simple possession charges are brought alongside possession of drug paraphernalia charges. The following common objects can be considered as drug paraphernalia under North Carolina’s Controlled Substances Act. Any object that can be used in testing, transferring, making, containing, inhaling, injecting, or ingesting a controlled substance can fit the definition of drug paraphernalia, such as the following:

  • Steel wool
  • Plastic baggies
  • Scales
  • Spoons
  • Rolling paper
  • Bottles for pills
  • Roach clips

In North Carolina, possession of drug paraphernalia is a Class 1 misdemeanor. If you are charged with possession with intent to sell, manufacture, or deliver drugs, you will face even more serious consequences.

Our Charlotte Simple Drug Possession Lawyers can Help

If you are facing charges for drug possession, possession of drug paraphernalia, or possession with the intent to sell, manufacture, or deliver drugs, we can help. Contact the skilled criminal defense lawyers at Arnold & Smith, PLLC today to schedule your free initial consultation. Call our lawyers at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.