Cocaine possession, sale, or trafficking is a felony offense in most states. Possession of even a small amount of the drug is charged as a Class I felony in North Carolina, which is punishable by up to one year of jail time.
North Carolina cocaine laws are similar to cocaine laws in other states, although the state doesn't offer drug abatement programs for cocaine possession. In these programs, the defendant receives drug treatment instead of going to prison.
North Carolina Statutes: At a Glance
The cocaine charges and penalties under North Carolina law are listed below, followed by an in-depth examination. See FindLaw's Drug Charges section for additional resources.
North Carolina Cocaine Laws Code Sections
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General Statutes of North Carolina
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North Carolina Possession of Cocaine Penalties
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- Class I felony, 6-12 mos. in jail
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North Carolina Sale of Cocaine Penalties
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- Selling of cocaine: Class G felony
- Selling of cocaine to person under 16, a pregnant female, or within 300 ft. of school property: Class E felony
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North Carolina Cocaine Trafficking Penalties
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- Between 28 to 200 grams (Class G felony): Between 35 to 51 months in prison and a fine of up to $50,000
- Between 200 to 400 grams (Class F felony): Between 70 to 93 months in prison and a fine of up to $100,000
- 400 grams and over (Class D felony): Between 175 to 222 months and a fine of up to $250,000
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Note: North Carolina laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please consult an attorney or conduct your own legal research to verify the current North Carolina laws.
Possession of Cocaine
In North Carolina, possession of any amount of cocaine is classified as a Class I felony. The severity of the charges can increase significantly depending on the circumstances. If an individual is found with a small amount of cocaine, they may be charged with simple possession. This carries a prison sentence ranging from six months to a year.
If the amount of cocaine exceeds a certain threshold or if there is evidence suggesting possession with intent to distribute, the charges can escalate. Possession of larger quantities of cocaine, or evidence of intent to distribute, can lead to more severe charges.
Selling Cocaine
The sale of cocaine in North Carolina is subject to strict penalties. Any sale is classified as a Class G felony. The severity of the crime can increase based on several factors, such as:
- Selling cocaine to a person under 16 years old
- Delivering cocaine to a pregnant female
- Selling cocaine within 300 feet of school property
Any of these aggravating factors elevate the charge to a Class E felony.
The amount of cocaine involved plays a crucial role in determining the punishment. Distribution of cocaine, particularly with significant amounts measured in grams, can cause a mandatory minimum sentence. This means that certain quantities and circumstances trigger mandatory minimum penalties, which can result in harsher sentences.
Trafficking Cocaine
Drug trafficking charges in North Carolina include transporting, importing, or manufacturing drugs. Trafficking between twenty-eight and two thousand grams of cocaine is a Class G felony, which comes with a 35-51 month jail penalty, and a $50,000 fine.
If the amount of cocaine is between 200 and 400 grams, the penalty is a Class F felony. This crime is punishable by 70-93 months in prison, and a $100,000 fine. Any amount of cocaine over 400 grams is a Class D felony. This crime is punishable by 175-222 months jail time and a $250,000 fine.
Charged With Violating North Carolina Cocaine Laws? Speak With a Criminal Defense Attorney
North Carolina is serious about prosecuting drug crimes. This includes offenses involving cocaine. If you're charged with a cocaine drug offense, you risk incarceration if convicted. It's in your best interest to get legal advice from an experienced North Carolina criminal defense lawyer. They'll mount a defense strategy and help you achieve the best outcome possible.