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Last Modified on May 14, 2026
If you have been charged with a drug crime, you understand how serious these allegations can be. A conviction not only brings about criminal penalties, but can also have an effect on your personal life as well. There are a number of different offenses that fall under this category, so understanding drug charges in North Carolina is important for anyone charged. Butler, Quinn & Hochman, PLLC can help.
Common Types of Drug Charges
North Carolina’s drug crime laws determine what acts constitute an offense depending on the type of drug involved, the amount you allegedly possessed, and the details of your case. State law also distinguishes between controlled substances by scheduling drugs into different categories. Drug offenses can include:
- Possession of a controlled substance
- Possession with intent to sell or distribute drugs
- Drug trafficking
- Manufacturing drugs
- Drug paraphernalia
- Prescription drug crime charges
Your prior criminal record and additional details, such as intent to distribute drugs, possession of a firearm, and the amount of drugs allegedly involved, can increase the severity of your charges.
According to the United States Sentencing Commission, 34.1% of arrests made in North Carolina by the commission were for drug-related crimes. This was higher than the national percentage of 29.6%. Out of 1,415 cases, 480 were sentenced for drugs.
Drug Crime Laws in North Carolina
North Carolina has several laws concerning drug crimes. Primarily, the North Carolina Controlled Substances Act sets forth the state’s drug schedules, drug criminal charges, and sentencing guidelines for certain drugs.
Possession crimes are covered under N.C. Gen. Stat. § 90-95, which includes penalties for unlawful possession, manufacturing, and distributing scheduled substances. Trafficking drugs can also fall under separate trafficking statutes that increase the penalties based on the amount confiscated by police.
Drug crime charges range from misdemeanors to serious felonies that can result in decades in prison. Some drug offenses may allow for probation or diversion, but others may lead to driver’s license suspensions, mandatory treatment enrollment, forfeiture of your property, and permanent criminal records.
Penalties for Drug Crimes
Drug crime penalties vary based on the type of offense with which you were charged. Some drug crimes may be charged as misdemeanors and result in probation or diversion from prison. However, more serious drug offenses can lead to years in prison.
Consequences for drug crimes can include jail time, fines, probation, drug counseling, suspension of your driver’s license, and a permanent criminal record. A felony drug conviction could impact your immigration status and ability to maintain employment or housing in the future. Drug trafficking crimes are typically the most serious drug offenses and carry minimum sentences in many cases.
Drug Charges for Prescription Medication
Drug charges do not always involve street drugs. Illegal drug charges can occur when someone possesses a prescription medication without a valid prescription or sells his or her pills to someone else. North Carolina has seen many opioid-related charges in recent years. Illegal distribution of prescription drugs, possession of opioids, or Medicaid fraud can also result in drug offense charges.
Prescription drug cases can be unique because they can involve lawful prescriptions. Medical records and prescriptions likely play a large role in these cases.
When to Hire a Drug Crime Lawyer
Drug crimes can involve complex constitutional issues, scientific drug testing, undercover police officers, and your future. You should hire a drug crime lawyer after you have been charged with a drug offense. An experienced North Carolina drug crime attorney can go over your rights and potential defenses.
If your case involves a large amount of drugs or intent to sell or distribute drugs, having legal representation is highly recommended.
About Butler, Quinn & Hochman, PLLC
At Butler, Quinn & Hochman, PLLC, we understand how stressful being charged with a crime can be. You may have questions about your legal rights and what you should do next. Our legal team handles cases throughout Charlotte and Mecklenburg County, including those along I-85, Wilkinson Boulevard, and arrests near Uptown Charlotte, South End, and other neighborhoods.
We are familiar with how local issues can lead to contact with the police. Our lawyers know North Carolina criminal law and how local prosecutors handle cases in the Mecklenburg County Courthouse.
FAQs
What Is the Mandatory Minimum Sentence for Drug Possession?
Minimum sentencing requirements for drug possession vary based on the type of drug alleged to have been possessed, the amount, and whether it’s a trafficking charge or a repeat offense. Possession with intent to distribute carries mandatory prison sentences. Simple possession offenses do not always require mandatory prison sentences. Felony drug convictions may come with enhanced sentencing requirements by state or federal statute.
What Is the Most Typical Punishment for a First Time Felony?
Sentencing for a first felony conviction can vary widely based on the severity of the charge, the defendant’s criminal history, and the facts surrounding the case. Judges may sentence offenders to probation, supervision, treatment, fines, or suspended sentences instead of jail time. Felony allegations that carry violence, trafficking, or weapons charges may warrant increased penalties regardless of prior record.
What Is the Most Common Drug Charge?
Simple possession may be one of the most frequently encountered drug charges. In a drug possession case, the person is usually accused of knowingly possessing a controlled substance with the intent to use it himself, rather than to distribute it. Many drug possession arrests occur during traffic stops, searches, or as a result of police investigations. Possession charges can be misdemeanors or felonies, depending on the drug in question and the circumstances involved.
What Drug Gets You the Most Jail Time?
Drug crimes, which involve trafficking, manufacturing, or possession with intent to sell or distribute high volumes of heavily regulated controlled substances, typically face the harshest punishments. Mandatory sentencing guidelines will often take into account not only quantity but also alleged intent to distribute, criminal history, and whether or not weapons or organized activity were involved in the offense.
Contact Butler, Quinn & Hochman, PLLC
If you have been charged with a drug crime, Butler, Quinn & Hochman, PLLC can help you in the legal process. We understand how serious these charges can be and can help you advocate for your rights. Contact us today to get started.
