Types of Drug Crimes

There are different types of drug charges and drug crimes: (1) drug possession, (2) possession of drug paraphernalia, and (3) possession with intent to sell, manufacture or deliver, also known as trafficking.  Each of these drug charges are followed by a different path of penalties depending upon which type of drug is possessed.

1. Possession of Drugs or a Controlled Substance:

  • Possession of a Schedule I Controlled Substance:
      • Class I felony, unless the substance is 1 gram or less of MDPV (which would be a Class 1 misdemeanor).
      • Class I felonies can be punished up to 24 months in prison.
  • Possession of a Schedule II, III, or IV Controlled Substance:
      • Class 1 misdemeanor if the amount is less than four doses for certain drugs, and Class I felony if more than four doses and some other drugs
      • Class 1 misdemeanors can be punished up to 120 days (4 months) in jail and Class I felonies up to 24 months in prison.
  • Possession of a Schedule V Controlled Substance:
      • Class 2 misdemeanor and carries up to 60 days in jail (2 months).
  • Possession of a Schedule VI Controlled Substance:
      • Class 3 misdemeanor if less than ½ ounce, Class 1 misdemeanor if between ½ ounce and 1½ ounce.
      • Class I felony if more than 1½ ounces and can be punished up to 24 months in prison.

2. Possession of Drug Paraphernalia:  (read more on our blog)

    • Under the “North Carolina Drug Paraphernalia Act”, paraphernalia is anything used to cultivate, manufacture, process, prepare, analyze, package, test, store, contain, conceal, inject, ingest, or inhale controlled substances. This includes everything used in dealing with illegal drug/controlled substances. The most common types of paraphernalia are baggies, needles, syringes, bongs and bowls, pill bottles, rolling papers, and scales.
    • Under N.C.G.S. 90-113.22, this offense is a Class 1 Misdemeanor if the paraphernalia is used for any controlled substance other than marijuana.  A Class 1 Misdemeanor can carry a serious punishment. However, this type of charge may be disputed in court because most items that are considered drug paraphernalia are legal to possess on their own.
    • Under N.C.G.S. 90-113.22A, possession of drug paraphernalia of use with marijuana is a Class 3 Misdemeanor.  This is a new statute and applies to offenses that occurred on or after December 1, 2014 and is a lesser included offense to the traditional drug paraphernalia offense above.
    • It is also a misdemeanor offense for anyone to manufacture or deliver drug paraphernalia and promote the sell of objects designed or intended for use as drug paraphernalia.

3. Possession with Intent to Sell, Manufacture, or Deliver (Trafficking)– Applies to any person who sells, manufactures, delivers, transports, or possesses (see N.C.G.S. 90-95 for more details on violations and penalties):

  • Trafficking in Marijuana:
      • In excess of 10 pounds, but less than 50 pounds:  Class H felony
      • 50 pounds or more, but less than 2,000 pounds:  Class G felony
      • 2,000 pounds or more, but less than 10,000 pounds: Class F felony
      • 10,000 pounds or more:  Class D felony
  • Trafficking in Synthetic Cannabinoids:
      • In excess of 50 dosage units, but less than 250 dosage units:  Class H felony
      • 250 dosage units or more, but less than 1,250 dosage units: Class G felony
      • 1,250 dosage units or more, but less than 3,750 dosage unit: Class F felony
      • 3,750 dosage units or more:  Class D felony
  • Trafficking in Methaqualone:
      • 1,000 or more dosage units, but less than 5,000 dosage units: Class G felony
      • 5,000 or more dosage units, but less than 10,000 dosage units: Class F felony
      • 10,000 or more dosage units: Class D felony
  • Trafficking in Cocaine:
      • 28 grams or more, but less than 200 grams: Class G felony
      • 200 grams or more, but less than 400 grams: Class F felony
      • 400 grams or more: Class D felony
  • Trafficking in Methamphetamine:
      • 28 grams or more, but less than 200 grams:  Class F felony
      • 200 grams or more, but less than 400 grams: Class E felony
      • 400 grams or more:  Class C felony
  • Trafficking in Amphetamine:
      • 28 grams or more, but less than 200 grams:  Class H felony
      • 200 grams or more, but less than 400 grams:  Class G felony
      • 400 grams or more:  Class E felony
  • Trafficking in MDPV:
      • 28 grams or more, but less than 200 grams:  Class F felony
      • 200 grams or more, but less than 400 grams:  Class E felony
      • 400 grams or more:  Class C felony
  • Trafficking in Mephedrone:
      • 28 grams or more, but less than 200 grams:  Class F felony
      • 200 grams or more, but less than 400 grams:  Class E felony
      • 400 grams or more:  Class C felony
  • Trafficking in Opium or Heroin:
      • 4 grams or more, but less than 14 grams:  Class F felony
      • 14 grams or more, but less than 28 grams:  Class E felony
      • 28 grams o more:  Class C felony
  • Trafficking in Lysergic Acid Diethylamide:
      • 100 dosage units or more, but less than 500 dosage units:  Class G felony
      • 500 dosage units or more, but less than 1,000 dosage units:  Class F felony
      • 1,000 dosage units or more:  Class D felony
  • Trafficking in MDA/MDMA:
    • 100 or more dosage units, but less than 500 dosage units, or 28 grams or more, but less than 200 grams:  Class G felony
    • 500 or more dosage units, but less than 1,000 dosage units, or 200 grams or more, but less than 400 grams:  Class F felony
    • 1,000 or more dosage units or more than 400 grams:  Class D felony

If you’ve been charged and need a Raleigh drug crime lawyer, please call (919) 443-0911 or contact us.