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Carteret County Drug Crime Attorneys

North Carolina Drug Crime Laws & Federal Drug Schedules

Like many states, North Carolina classifies illegal controlled substances (CDS) into different schedules, depending on their potential for addiction and whether they have a medical use.

Some examples of drugs in their respective schedules are:

  • Schedule I – heroin, morphine, mescaline

  • Schedule II – opium, oxycodone, fentanyl, methamphetamines, amphetamines

  • Schedule III – sedatives like ketamine, large amounts of codeine

  • Schedule IV – stimulants and depressants like Xanax, Cathine

  • Schedule V – high quantities of over-the-counter medicines, smaller quantities of codeine

  • Schedule IV – marijuana and its derivatives

It is illegal for anyone to perform any of the following activities involving illicit drugs:

  • 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; or

  • possess or distribute a chemical knowing (or reasonably believing) it will be used to manufacture a controlled substance or meth.

Let Cummings & Kennedy Law Firm, PLLC defend you against your drug charges. Call us at (252) 486-8663 or contact us online for a free consultation today.

Penalties and Sentencing

The penalties for a drug crime in North Carolina will depend on a number of factors, such as whether the defendant has prior drug convictions and what schedule the drug in question falls under.

According to N.C. Gen. Stat. Ann. § 90-95(d), possession of illegal substances will be penalized according to their drug schedule as follows:

  • Schedule I or II – Class I felony

  • Schedule II, III, or IV – Class 1 misdemeanor

  • Schedule V – Class 2 misdemeanor

  • Methamphetamine precursors – Class F felony

  • Other CDS precursors – Class H felony

Note that marijuana is punished slightly differently, depending on the amount in possession:

  • 0.5 ounces or less – Class 3 misdemeanor with a maximum fine of $200

  • 0.5-1.5 ounces – Class 1 misdemeanor punishable by 1-45 days’ imprisonment and a maximum fine of $1000

  • 1.5 ounces to 10 pounds – Class I felony punishable by 3-8 months’ imprisonment and a discretionary fine for a first offense

Be aware that the penalties can enhance significantly if the defendant possessed the substances for the purposes of distribution or sale.

Contact Cummings & Kennedy Law Firm, PLLC for Representation Today

Drug offenses can be punished uniquely, depending on the circumstances of the defendant. As a result, it is critical that you hire an experienced attorney to defend your case, as they can help argue for mitigated charges in light of prior convictions, for example. Our legal team at Cummings & Kennedy Law Firm, PLLC has a wealth of experience defending clients against felony charges and, unique to many other firms, is composed of board-certified paralegals to assist us in trial. You can trust us to take on your Carteret County drug charge.

Drug-related crimes are serious offense in North Carolina. Depending on your criminal history and the type of drug you have been accused of possessing, you could face time in prison and hundreds in fines. We are a unique team composed of experienced lawyers, NC board-certified paralegals, and a special investigative agent who can provide significant legal and medical counsel in your case. We also have former prosecution experience, which can work to your benefit as we strategize a defense in anticipation of what the other side will use against you.

Give us a call at (252) 486-8663 or fill out an online contact formto schedule a free initial consultation.

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