Heroin has a high propensity for addiction. The drug carries some of the harshest legal penalties under the Controlled Substances Act for its possession and distribution. Unlike the ongoing debates surrounding the legalization of marijuana, heroin, along with fentanyl and other illegal drugs, is classified as a dangerous narcotic. This article provides a brief overview of heroin, opioid, and opiates laws in North Carolina.
Heroin, Opioids, and Opiates Under North Carolina Law
Heroin and other illicit narcotic drugs, such as LSD, MDMA, and even prescription opioids like codeine, are illegal under both federal law and state laws. Many states now offer drug diversion programs to help drug abusers receive treatment instead of a prison sentence. North Carolina's heroin laws classify this powerful opiate as a Schedule I drug, making its possession a felony.
For a first offense involving grams of heroin, offenders with no prior convictions may still face significant penalties. In the state, simple possession is charged as a Class I felony, punishable by a prison sentence ranging from three to 12 months.
Heroin, Opioid, and Opiates Laws in North Carolina
The main provisions of North Carolina laws on heroin, opiates, and opioids are listed in the chart below.
North Carolina Heroin, Opioid, and Opiates Code Sections
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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 Heroin, Opioid, and Opiates Possession Penalty
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Class I felony
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North Carolina Heroin, Opioid, and Opiate Sale Penalties
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- Sale of heroin, opioids, or opiates: Class G felony
- Sale of heroin, opioids, or opiates to person under 16, a pregnant female, or within 300 ft. of school property: Class E felony
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North Carolina Heroin, Opioid, and Opiate Drug Trafficking Penalties
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- Between 4 to 14 grams (Class F felony): Between 70 to 84 months in prison and a fine of up to $50,000
- Between 14 to 28 grams (Class E felony): Between 90 to 117 months in prison and a fine of up to $100,000
- 28 grams and over (Class C felony): Between 225 to 279 months in prison and a fine of up to $500,000
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Some illicit drugs, like heroin, are regulated by both federal and state drug laws. These restrict everything from manufacturing and cultivation to trafficking and distribution of heroin as well as heroin possession.
Drug charge convictions can often carry severe penalties, including prison time. Some prosecutors will offer plea bargains to lower-level offenders in exchange for help building a larger case against higher-level producers and dealers. Some jurisdictions can help drug crime defendants avoid jail through treatment and other options. Specialized drug courts seek to rehabilitate instead of incarcerate.
North Carolina Heroin Laws: Related Resources
State drug laws are subject to updating and changes. Their enforcement can vary depending on the specifics of your case. If you would like help with a drug addiction or substance abuse problem, the North Carolina Department of Health and Human Services has substance abuse and drug treatment services that can assist.
Get Legal Advice on Heroin Laws From a Criminal Defense Attorney
If you are facing criminal charges for heroin possession or would like to know your rights, you can contact a North Carolina drug crime attorney. You can also visit FindLaw's Drug Charges section for related articles and resources.