North Carolina Drug Possession Lawyer

Depending on the circumstances, you may find yourself facing different types of drug possession charges in North Carolina. The primary types of possession charges include:

• Simple Possession: Simple Possession occurs when an individual is in possession of a controlled substance, such as marijuana, cocaine, and other drugs.
• Possession of Drug Paraphernalia: Possession of Drug Paraphernalia is a separate charge from Possession of a Controlled Substance. This charge applies to any items used to facilitate the use of a controlled substance, such as pipes, syringes, rolling papers, bongs, and other items. 
• Possession With Intent to Sell/Distribute/Deliver: Possession With Intent to Sell/Distribute/Deliver is a more serious offense and generally carries harsher penalties. It occurs when an individual is found in possession of a controlled substance with the intent to sell, distribute, or otherwise transfer the substance. 

Simple Possession and Possession of Drug Paraphernalia are misdemeanors, while Possession With Intent to Sell/Distribute/Deliver can lead to a felony conviction. While each case is different, you may find yourself facing significant consequences if convicted on such charges. 

North Carolina breaks down the penalties for drug possession into categories based on the substance possessed. The punishment for Simple Possession is not as severe as for Possession with Intent to Sell/Distribute/Deliver. Using the Federal Drug Scheduling System, the state has established potential penalties for possession of Schedule I, II, III, IV, and V substances. 

For example, Intent to Sell Schedule I and II controlled substances is a Class G felony, carrying a maximum 47-month sentence. However, the delivery or manufacturing of the same Schedule I and II drugs are both Class H felonies, carrying a maximum sentence of 39 months in jail.

If the case goes to trial, you and your attorney will be responsible for presenting a defense. Your drug possession lawyer will review the evidence, analyze the prosecution’s case, and present a compelling defense. You may also be called to testify in your own defense. The goal is to demonstrate that the prosecution has not met its burden of proof beyond a reasonable doubt.

It is important to remember that the prosecutor has the burden of presenting evidence to prove the charges beyond a reasonable doubt. This means that the prosecution must prove that the drugs found in your possession were in fact yours and that you had knowledge of their presence.