In North Carolina, illegal activities related to drugs include drug manufacturing, cultivation, trafficking/distribution, and drug possession. The legal landscape for drug offenses is complex.
Rulings can involve both federal and state laws, which can sometimes be in conflict. For example, while marijuana remains illegal under federal law, many states have decriminalized or even legalized it. This can lead to potential legal issues if federal and state laws diverge.
The types of drugs involved range from illegal drugs like heroin and methamphetamine to prescription drugs misused for drug trafficking. The severity of punishment for drug crimes also varies and can include potential jail time. Understanding these regulations is crucial for navigating drug-related legal matters in North Carolina.
North Carolina Drug Laws Overview
In North Carolina, drug manufacturing, distribution, and possession of a controlled substance are all addressed in one statute. This statute not only addresses prohibited behavior when it comes to drugs but also lays out the penalties for violating the statute. Below you will find key provisions of drug laws in North Carolina.
North Carolina Drug Laws Code Statutes
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General Statutes of North Carolina
- North Carolina Statutes Article 5 Section 90-86 (North Carolina Controlled Substances Act)
- North Carolina Statutes Article 5 Section 90-87 (definitions)
- North Carolina Statutes Article 5 Section 90-89 (schedule I drugs)
- North Carolina Statutes Article 5 Section 90-95 (violations; penalties)
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North Carolina Types of Drug Offenses
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It's prohibited for anyone to:
- Manufacture, sell, deliver, or possess with the intention to manufacture, sell, or deliver a controlled substance
- Create, sell, deliver, or possess with the intention to sell or deliver a counterfeit controlled substance
- Possess a controlled substance
- Possess a chemical with the intention to manufacture a controlled substance or meth
- Possess or distribute a chemical knowing or believing it'll be used to manufacture a controlled substance or meth
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North Carolina Drug Charges and Penalties
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- The charges and penalties for violating this statute are very fact-specific. Please refer to Section 90-95 for details.
- North Carolina's death by distribution law makes drug dealers accountable for overdose deaths related to the sales they made.
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Note: North Carolina state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please speak with an attorney or conduct your own legal research to verify the current North Carolina laws.
North Carolina Drug Schedule Classifications
Schedule I
Drugs classified under Schedule I are considered to have a high potential for abuse and no accepted medical use. Examples include:
- LSD
- Heroin
- Hashish
- MDMA (Ecstasy)
Schedule II
Schedule II drugs have a high potential for abuse but are recognized for their medical uses. Examples include:
- Methamphetamine
- Cocaine
- Oxycodone
- Fentanyl
- Opiates
Schedule III
Drugs in Schedule III have a lower potential for abuse compared to Schedule I and II and are accepted for medical use. Examples include:
- Anabolic Steroids
- Methaqualone
Schedule IV
Schedule IV drugs include substances with a lower abuse potential than those in the previous schedules and are often used for medical purposes. Examples include:
- Valium
- Xanax
- Stimulants such as Amphetamine
Schedule V
Drugs in Schedule V have the lowest potential for abuse and include substances with accepted medical uses. Examples include:
- Cough preparations containing less than 200 milligrams of codeine per 100 milliliters
Schedule VI
North Carolina does classify drugs under Schedule VI, which includes substances with no current accepted medical use but low risk of abuse. This schedule encompasses drugs such as marijuana and tetrahydrocannabinol (THC). Schedule VI is used for substances that might not fit into the existing schedules or are emerging drugs with less established abuse potential, like synthetic cannabinoids.
Get Legal Help Fighting Your Drug Charges in North Carolina
The criminal charges you could face under North Carolina's drug laws vary from misdemeanors to felonies. Any conviction could end up on your record and have a negative impact on your life. Whether you've been charged with drug manufacturing, distribution, or possession, talk to an experienced criminal defense attorney. They'll examine the facts of your case and explain your options.