Possession of a Controlled Substance With Intent to Manufacture, Sell or Deliver: North Carolina General Statute 90-95

Drug offenses are taken extremely seriously in North Carolina and carry harsh penalties for those convicted. If you are found guilty of possessing an illegal substance with the intent to manufacture, deliver, or sell it, you may be sentenced to years behind bars. Since drug cases can be legally complex, it is in your best interest to have a seasoned attorney on your side so you can fight the charges you face.

At King Law, our attorneys have extensive experience navigating North Carolina’s unique criminal justice system and achieving favorable outcomes for our clients. When you choose us, your attorney will get to know you and every detail of your case so they can craft a personalized defense strategy to protect your rights and freedom.

What Is Considered a Controlled Substance in North Carolina?

If you knowingly possess a controlled substance and intend to sell it or make more to sell, you could be charged with a severe criminal offense. Simply put, a controlled substance is an illegal drug. There are six levels of controlled substances in North Carolina. Schedule I substances are considered the most dangerous, and Schedule VI substances are less likely to harm users. Some examples of common substances under each controlled substance schedule include:

  • Schedule I: Ecstasy, heroin, or other opiates
  • Schedule II: Cocaine, Ritalin, and opium
  • Schedule III: Ketamine, anabolic steroids, and codeine
  • Schedule IV: Xanax, Valium, and Cathine
  • Schedule V: Over the counter cough medicines that contain any amount of codeine
  • Schedule VI: Marijuana or other cannabinoids 

This is not an exhaustive list as there are several other illegal and prescription drugs classified as controlled substances in North Carolina. Your attorney will be familiar with the state’s controlled substance schedules and will be able to provide clarity on the charges against you and the potential penalties you may face.

Penalties for Possessing a Controlled Substance With the Intent to Sell, Deliver, or Manufacture

Possession of a controlled substance with the intent to sell or deliver it can carry serious penalties. The severity of the penalties you may face upon conviction depends heavily on which controlled substance schedule the drug in question falls under. If the drug falls under schedules III-VI, you may be charged with a Class I felony punishable by up to one year in prison. If you are caught with a schedule I or II substance, you may be charged with a Class H felony. If convicted, you may face up to 25 months behind bars. 

As a felony offense, a conviction for possession with the intent to sell will likely continue to impact your life long after your sentence is served. Convicted felons often experience difficulties securing employment and housing after being released from prison. Additionally, they may find it challenging to maintain their reputation or relationships with others. If you have been charged with possession with the intent to sell in North Carolina, there is too much at stake to fight your charges alone. When you partner with a skilled criminal defense attorney, they will work tirelessly to get your charges potentially reduced or dismissed.

Possible Defense for Drug Charges in North Carolina

If you are facing drug charges in North Carolina, it is imperative to remember that you are innocent until proven guilty. A skilled criminal defense attorney at King Law can help you fight the charges against you by employing various defense strategies to protect your rights and interests. Some possible defenses that may apply to your case include:

  • The substance was not yours
  • You had no intent to manufacture, sell, or distribute the substance
  • The arresting officers committed an illegal search and seizure of your property
  • The substance was chemically tested and found not to be controlled or illegal
  • You were entrapped into committing a crime by law enforcement

Your attorney will investigate and review every aspect of your case to determine which strategy best fits your unique situation. They will collect evidence and interview witnesses to gather the tools necessary to provide you with the best defense possible.

Partner With an Experienced Drug Crime Defense Attorney at King Law

Being charged with a felony-level drug crime can be a harrowing experience. Fortunately, you do not have to fight for your rights alone. An experienced drug crime attorney can be an invaluable asset to your case and stand between you and several months behind bars. At King Law, our attorneys know the ins and outs of North Carolina’s complex criminal justice system and are committed to using this knowledge to our client’s advantage. When you choose us, you choose an unparalleled legal expert with your best interests at heart. To learn more about how we can protect your freedom in North Carolina, give us a call at (888) 748-5464 (KING) or reach out through our contact form today.