Facing Charges for Felony Oxycodone Possession in North Carolina

Oxycodone is an opioid pain medication that has become more prevalent in the last 10 years. Oxycodone is sometimes called a narcotic because it treats moderate to severe pain. Oxycodone is also among the most commonly abused prescription drugs in the U.S. Those addicted to Oxycodone may turn to other drugs, like heroin, or buy illegal pills without a prescription.

In North Carolina, Oxycodone is considered a Schedule II controlled substance. There are various crimes a person may be charged with related to the possession or distribution of Oxycodone. If you have been charged with a crime related to Oxycodone, it is crucial to speak to an experienced attorney as soon as possible.

Possession of Oxycodone

A person is guilty of possession of Oxycodone if they are in actual or constructive possession of Oxycodone. Police officers do not have to find the drug on your physical person to charge you with possession of Oxycodone. As long as you are seen to be in control over the area in which the Oxycodone has been found, you can face a criminal charge. In many cases, possession of Oxycodone is considered a Class 1 misdemeanor. However, if the quantity of pills exceeds a hundred tablets, capsules, or units, the charge will be increased to a Class I felony.

The Sale or Delivery of Oxycodone

A person is guilty of the sale or delivery of oxycodone if they have actually transferred the substance to another person or people. This crime is considered a Class G felony. Delivery of oxycodone is considered a Class H felony.

Manufacturing Oxycodone

A person is guilty of manufacturing Oxycodone if they knowingly manufacture the substance. Producing, preparing, processing, packaging, and labeling the product are all considered part of the manufacturing process. Manufacturing Oxycodone is considered a Class H felony.

Possession With the Intent to Manufacture, Sell, or Deliver

A person is guilty of possession of Oxycodone with the intent to manufacture, sell, or deliver if they knowingly possess the material with the intent to manufacture, sell, or deliver it to other people. This crime is considered a Class H felony.

Drug Trafficking Charges

Drug trafficking occurs when a person knowingly:

• Sell, manufacture, deliver, transport, possess, or
• Conspire to sell, manufacture, deliver, transport, or possess

To face drug trafficking charges, prosecutors must prove that you had opium or any mixture containing opium or heroin to another person (if the person sells or delivers), and the quantity of opiates is the following:

• 4 grams or more, but less than 14 grams; or
• 14 grams or more, but less than 28 grams; or
• 28 grams or more

The penalty for drug trafficking will depend on the quantity you have been accused of trafficking. If you manufacture, deliver, transport, or possess in excess of four grams but less than 14 grams, then you may be found guilty of a Class F felony. The charge is considered a Class E felony if a person has more than 14 grams but less than 28 grams. This carries a maximum sentence of 120 months, a minimum of 90, and a fine of $100,000.

Drug trafficking opium is considered a Class C felony if the defendant has been found with more than 28 grams. Class C felonies carry a minimum to a maximum sentence of 225 to 282 months and at least a $500,000 fine.

Possession of Drug Paraphernalia

It is not unusual for those charged with opium-related crimes like possession or distribution to face additional charges for possession of drug paraphernalia. The penalty for possession of drug paraphernalia in North Carolina is classified as a Class I misdemeanor. A person is guilty of possession of drug paraphernalia if they knowingly use or possess with intent to use drug paraphernalia for any of the following purposes:

• To plant, propagate, cultivate, grow, or harvest; or
• To manufacture, compound, convert, produce, process, or prepare; or
• To test or analyze; or
• To package, repackage, store, contain, or conceal; or
• To inject, ingest, inhale, or otherwise introduce into the body

Contact a Charlotte Criminal Defense Attorney

If you have been falsely accused of a crime related to Oxycodone, it is crucial that you reach out to an attorney as soon as possible. Additionally, if you have made a mistake, it is crucial that you hire an attorney who can advocate for the best outcome possible in your case. Your future and freedom may be in jeopardy. Do not hesitate to contact Arnold & Smith, PLLC, to schedule a free case evaluation and learn more about your rights.