Charlotte Drug Crime Defense Attorneys
Get the Legal Support You Deserve When Fighting Drug Charges
Drug crimes take many forms, including both misdemeanors and felonies at
the state and federal level, but all are heavily stigmatized and can cause
long-term problems for the offender. North Carolina laws surrounding drugs
are also extremely convoluted and difficult to understand, leaving many
defendants confused about what they are being charged with and how best
to protect themselves.
Our Charlotte drug crime defense lawyers at Oakhurst Legal Group are ready
to aggressively fight to defend you, no matter the severity or scope of
the alleged offense. Our team can help you understand what forms of defense
strategies and legal relief are available to you in addition to the specifics
of how your case will be litigated. We always aim to get the possible
result for our clients and are invested in protecting your immediate and
If you are facing a drug-related charge, dial
(704) 288-1003 or
contact us online to learn more about how we can help. We offer our legal services in English,
Portuguese, French, Spanish, and Russian.
What Is Considered a Controlled Substance in North Carolina?
North Carolina organizes dangerous controlled substances into six “schedules:”
Schedule I – Includes heroin, opiates, ecstasy. These are considered to be
the most addictive and immediately dangerous substances.
Schedule II – Includes cocaine, methamphetamines, codeine, and raw opium. These
drugs are still considered extremely dangerous but are less addictive.
They also have some authorized medical uses.
Schedule III – Includes many types of barbiturates, ketamine, and anabolic steroids.
Schedule IV – Includes Xanax and valium.
Schedule V – Includes “over the counter” cough medications that
Schedule VI – Includes marijuana and similar substances.
Understanding the Basics of North Carolina’s Drug Laws
Like much of the United States, North Carolina has a set of laws targeting
“controlled dangerous substances.” While other states have
moved to relax their drug statutes in recent years, North Carolina’s
laws remain fairly strict. Possessing or selling marijuana in North Carolina
is still unlawful under state law, for example.
It can be challenging to predict what you may end up ultimately being charged
with if you are arrested for a drug-related crime. The exact charges will
generally depend upon the quantity and types of substances involved and
any other circumstances surrounding the incident.
The involvement of Schedule I or some Schedule II drugs tends to trigger
more severe, aggressive sentences, including felony charges. Even simple possession of a Schedule I or some Schedule II drugs is considered a felony.
North Carolina law forbids the following actions involving controlled substances:
- Possession of a dangerous controlled substance
- Possession of a chemical with the intent to manufacture a dangerous controlled substance
- Possession or distributing a chemical knowing or believing it will be used
to manufacture a dangerous controlled substance
- Manufacturing of a dangerous controlled substance
- Sale or delivery of a dangerous controlled substance
Manufacturing, sale, or delivery of a
counterfeit dangerous controlled substance
Being suspected of any of these actions can result in your arrest and criminal
charges. Simple possession of a Schedule III, IV, V, or VI substance –
meaning you only have a small amount of the drug did not intend to give
it or sell it to someone else – will likely only result in a misdemeanor
charge, especially if you are a first-time offender.
You can get into more serious trouble if you are found with a large quantity
of a controlled substance. Law enforcement will often assume you are intending to sell or distribute
a drug if you have a large enough amount of it, or if they also discover
tools or equipment that suggests substances are being manufactured. These
types of scenarios can result in felony charges.
It is important to understand that there are both federal and state laws
regulating controlled substances.
This means that the federal government can choose to prosecute you instead
of the state. This tends to be more relevant in states where certain drugs have been
decriminalized or legalized at the state level. However, federal agencies
still sometimes choose to get involved in large cases involving major
trafficking operation, especially if substances are crossing state lines.
Our drug charge attorneys in Charlotte are prepared to defend you at both
the state and federal level.