Drug Crimes: Possession
A drug crimes arrest may result in multiple connected counts, with increasing penalties as the class of charges increases. In North Carolina, possession of a specific quantity of any controlled substance may result in a charge and possible conviction for trafficking. A trafficking conviction carries a minimum mandatory jail sentence, even for first offenses. The quantity of a substance an individual is charged for possessing makes a large distinction as far as the potential consequences of a conviction.
If you’ve been charged with drug sale, drug delivery, or drug trafficking, quick measures should be taken to safeguard your rights. Not all drug charges end in similar penalties in the case of a conviction. It is crucial to stand up to these charges with the help of a criminal defense lawyer.
You may think a small drug charge isn’t important. In spite of how minor any criminal drug charge might seem, however, your record will have an effect on your future career and academic advantages. Drug crimes in North Carolina include, but are not limited to, the following:
- Felony or misdemeanor possession (marijuana, cocaine or methamphetamines )
- Narcotics distribution
- Felony drug charges
- Trafficking of drugs
- Trafficking conspiracy
- Obtaining controlled substances by fraud
- Possession with intent to sell and deliver
- Possession of drug paraphernalia
- Manufacturing and cultivation
- Drug distribution to minors
Drug Crimes: Trafficking and Intent to Sell
The laws involving drug trafficking and the possession of drugs with the intent to sell or deliver in North Carolina are confusing, and make many different controlled substances and drugs illegal. Marijuana, methamphetamines, MDA and MDMA, amphetamines, LSD, heroin, and opium have been designated in drug trafficking statutes. Incarceration is always the result of any trafficking conviction in North Carolina. The severity of the sentence is based solely on the weight of the drugs – and the person’s prior criminal history does not matter.
In order for the state of North Carolina to convict an individual for possession of a controlled substance with an intent to sell, they must prove that the person:
- Has actual or constructive knowledge of the possession of a controlled substance
- Has intent to manufacture, sell or deliver the controlled substance
Many cases hinge on proving a person’s intent to sell. The prosecution often relies on expert witnesses such as a law enforcement officials with experience in drug-related cases. However, these “expert witnesses” often lack the concrete evidence necessary to back up the accusation that there was a clear intent to sell.
Cultivation & Manufacture
Drug cultivation is defined in North Carolina as growing, possessing, producing plants, or using scientific equipment and chemicals to create unlawful controlled substances. Drug cultivation charges can be brought upon a person if authorities find equipment used to produce drugs, even if no drugs are actually found.
Drug manufacturing occurs during the production of a controlled substance in a chemical laboratory or growing facility. Drug manufacturing is a more serious offense than possession and can result in sentences ranging from probationary sentences to over a decade in prison. The types and quantity of controlled substances found by the authorities are factors in determining the individual’s penalties. Sometimes, in fact, the courts will allow property and assets to be seized if they are believed to be used in conjunction with drug cultivation.
At Greene Crow & Smith, Our Criminal Defense Attorneys Are Dedicated to the Protection of Our Clients’ Constitutional Freedoms and Respect for Their Individual Circumstances.
We’re here to guide you through the complicated, frightening, and often frustrating process known as the criminal justice system. We provide criminal law services at all levels in eastern North Carolina, including misdemeanor and felony trial defense, and post-conviction appellate work in both state and federal court.
Greene Crow & Smith, PA help residents of NC with drug crime charges including those located in New Bern, Pamlico County, and Craven County.
Contact our criminal defense attorney for a consultation regarding your case.