Drug charges in North Carolina run from a Class 3 misdemeanor for a small amount of marijuana to trafficking charges with mandatory prison time triggered by weight alone. The difference between possession and possession with intent is often an officer's opinion. The difference between a conviction and a dismissal is often the search.
Drug charges in North Carolina
North Carolina groups controlled substances into Schedules I through VI under G.S. 90-89 through 90-94. Simple possession ranges from a Class 3 misdemeanor (up to half an ounce of marijuana) to a Class I felony (cocaine, heroin, methamphetamine, MDMA and most Schedule I and II drugs in any amount). Possession of drug paraphernalia is a Class 1 misdemeanor; marijuana paraphernalia is a Class 3.
Possession with intent to sell or deliver (PWISD) is a felony, Class H for Schedule I and II and Class I for others. Intent is inferred from packaging, scales, cash, messages and quantity, not just from the amount. Sale or delivery is a Class G or H felony. Manufacturing, including growing marijuana, is a felony. Being within 1,000 feet of a school or park adds a separate felony.
Trafficking
Trafficking in North Carolina is based on weight alone, with mandatory minimum prison sentences a judge cannot suspend. Thresholds include 10 pounds of marijuana, 28 grams of cocaine, 28 grams of methamphetamine, 4 grams of heroin, fentanyl or other opiates, and 100 dosage units of MDMA or LSD. Low-level cocaine trafficking (28 to 200 grams) starts at 35 to 51 months and a $50,000 fine; heroin or fentanyl trafficking (4 to 14 grams) starts at 70 to 93 months. The only way below the minimum is substantial assistance to the state, which has its own risks and should be handled by counsel.
The search
Most drug cases begin with a traffic stop or a knock on the door. Whether the officer had a lawful basis to stop you, extend the stop, search the car or enter the home is the first question in every case. Evidence from an unlawful search is suppressed, and a suppressed search usually ends the case.
First offenders
For a first offense of misdemeanor or Class I felony possession, G.S. 90-96 allows a conditional discharge: you plead or are found guilty, the judge defers judgment, you complete probation and a drug education program, and the charge is dismissed and can be expunged. Deferred prosecution agreements are also available in many districts. These resolve the case without a conviction, but they require a guilty plea on the record, so we evaluate the suppression and proof issues before recommending one.
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Call (704) 842-3411Request a free case reviewCommon questions
The drugs weren't mine. Does that matter?
Yes. The state has to prove you knowingly possessed them, actually or constructively. Drugs in a shared car or house, with no fingerprints, no admissions and no control, are a real defense, and one we use often.
Is marijuana legal in North Carolina?
No. Marijuana remains illegal in North Carolina for recreational use, and there is no medical marijuana program. Possession of up to half an ounce is a Class 3 misdemeanor that generally carries no jail for a first offense but does create a record. Hemp and hemp-derived products with 0.3 percent THC or less are legal, which has created real evidentiary problems for the state in marijuana cases, since officers and field tests can't distinguish the two.
Can a drug conviction be expunged?
Often. A first-offense possession resolved under G.S. 90-96 can be expunged once the conditional discharge is completed. Older nonviolent drug convictions may qualify under the general expungement statute after the waiting period, and a dismissed drug charge can be expunged at any time with no fee.
This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.