Drug Charges

In this article we will look at the main types of drug crimes and drug charges and the penalties for each one. The three drug charges we will examine are:

Possession of drugs
Possession of drug paraphernalia
Drug trafficking.

Each drug charge will carry different penalties which can vary depending on the drug involved.

Drug Charge 1: Possession of a Controlled Substance

This drug charge carries different penalties depending on the schedule of the drug in question.

Drug charge for possession of a Schedule I drug

The penalty for this is up to 24 months in prison as it is considered a Class 1 felony. The only exception is MDPV which will be a Class 1 misdemeanor if you have 1 gram or less.

Drug charge for possession of a Schedule II, III, or IV drug

For certain drugs it will be a Class I misdemeanor for less than four doses of the drug. If it is more than four doses, or certain drugs, it will be a Class I felony.

- A Class 1 felony will receive up to 24 months in prison
- A Class 1 misdemeanor will receive up to 4 months in prison.

Drug charge for possession of a Schedule V drug

This is a Class 2 misdemeanor and will result in up to 2 months in jail.

Drug charge for possession of a Schedule VI drug

The drug charge will depend on the amount in possession.

- Class 3 misdemeanor – less than half an ounce
- Class 1 misdemeanor – between half an ounce and 1.5 ounces
- Class 1 felony – more than 1.5 ounces

Drug Charge 2: Possession of Drug Paraphernalia

The North Carolina Drug Paraphernalia Act defines drug paraphernalia as anything which analyses, contains, conceals, inhales, ingests, injects, prepares, processes, packages, stores, or tests drugs. This includes pill bottles, scales, rolling papers, bowls, syringes, needles, and baggies.

The possession of drug paraphernalia attracts a drug charge of a Class 1 misdemeanor. These drug charges are often successfully disputed as many items of drug paraphernalia are completely legal to possess individually. If the drug paraphernalia is related to marijuana, then it is a Class 3 misdemeanor and therefore less serious than other drug paraphernalia.

Those who sell, deliver, promote, or manufacture drug paraphernalia will receive a misdemeanor drug charge.

Drug Charge 3: Trafficking

This is also known as possession with the intent to sell/deliver/manufacture.

Drug charge for trafficking marijuana

- Between 10 and 50lbs – Class H felony
- Between 50 and 2,000lbs – Class G felony
- Between 2,000 and 10,000lbs – Class F felony
- More than 10,000lbs – Class D felony

Drug charge for trafficking synthetic cannabinoids

- Between 50 and 250 doses – Class H felony
- Between 250 and 1,250 doses – Class G felony
- Between 1,250 and 3,750 doses – Class F felony
- More than 2,750 doses – Class D felony

Drug charge for trafficking methaqualone

- Between 1,000 and 5,000 doses – Class G felony
- Between 5,000 and 10,000 doses – Class F felony
- More than 10,000 doses – Class D felony

Drug charge for trafficking cocaine

- Between 28 and 200g – Class G felony
- Between 200 and 400g – Class F felony
- More than 400g – Class D felony

Drug charge for trafficking methamphetamine

- Between 28 and 200g – Class F felony
- Between 200 and 400g – Class E felony
- More than 400g – Class C felony

Drug charge for trafficking amphetamine

- Between 28 and 200g – Class H felony
- Between 200 and 400g – Class G felony
- More than 400g – Class E felony

Drug charge for trafficking MDPV

- Between 28 and 200g – Class F felony
- Between 200 and 400g – Class E felony
- More than 400g – Class C felony

Drug charge for trafficking mephedrone

- Between 28 and 200g – Class F felony
- Between 200 and 400g – Class E felony
- More than 400g – Class C felony

Drug charge for trafficking heroin or opium

- Between 4 and 14g – Class F felony
- Between 14 and 28g – Class E felony
- More than 28g – Class C felony

Drug charge for trafficking lysergic acid diethylamide

- Between 100 and 500 doses – Class G felony
- Between 500 and 1,000 doses – Class F felony
- More than 1,000 doses – Class D felony

Drug charge for trafficking MDMA or MDA

- Between 100 and 500 doses – Class G felony
- Between 500 and 1,000 doses – Class F felony
- More than 1,000 doses – Class D felony
- Between 28 and 200g – Class G felony
- Between 200 and 400g – Class F felony
- More than 400g – Class D felony