What Are the Penalties for Drug Trafficking in North Carolina?

Despite improvements in the societal stigma surrounding marijuana and other substances, drug crimes can still lead to harsh penalties in North Carolina. Whether you were falsely accused, unaware of the illegality of your actions, or simply made an honest mistake, securing a robust defense is essential to avoid the life-altering consequences of a drug trafficking conviction.

Many defendants fail to realize that merely possessing controlled substances in excess of legal limits can lead to drug trafficking charges, regardless of any intent to sell or disseminate. If you were accused of drug trafficking, consulting with a skilled defense attorney should be a top priority to avoid the lasting consequences of a felony conviction.

In this blog, we’ll review common types of controlled substances, legal limits, and associated penalties for drug trafficking charges in NC.

What Constitutes Drug Trafficking in NC?

Drug trafficking is a serious crime codified in NC General Statutes §90-95. This offense is defined as the sale, transportation, or possession of controlled substances under the North Carolina Controlled Substances Act, such as marijuana, cocaine, heroin, LSD, or methamphetamines. Keep in mind that even if you didn't make or sell the drug, you could still face a felony conviction for drug trafficking under state law.

What if I Didn’t Intend to Sell the Drug?

To convict you of drug trafficking, the prosecution is required to prove beyond a reasonable doubt that you knowingly sold, delivered, or possessed the illicit substance. This means that even if you lack the intent to sell or distribute the drug, you can still face trafficking charges for simply possessing it.

Legal Limits for Controlled Substances

Defendants can face drug trafficking charges for selling, delivering, or possessing more than the minimum amount of a controlled substance. The amount of drugs in your possession typically has a direct impact on criminal sentencing if convicted. Below are the minimum amounts of common controlled substances that warrant drug trafficking charges:

10 lbs or more of marijuana
28 grams or more of cocaine
100 units or more of LSD
28 grams or more of MDMA
4 grams or more of heroin or opioids
28 grams or more of methamphetamines

Is Drug Trafficking a Felony in North Carolina?

Yes, drug trafficking is considered a felony offense in North Carolina. Depending on the severity of the crime, defendants may face charges for class C, D, E, F, G, or H felonies, making it crucial to seek sound counsel from a trusted defense attorney as soon as possible to avoid lengthy prison sentences and other life-changing penalties of a drug trafficking conviction.

Penalties for a Drug Trafficking Conviction

A drug trafficking conviction can result in extensive prison time, hefty fines, and other severe consequences. In addition to imprisonment, convicted felons may also face lifelong hardships in employment and housing, making it difficult to find and obtain work. Other consequences of a felony drug trafficking conviction include:

A permanent and public felony record.
The loss of civil liberties, such as the right to vote and own a firearm.
Ineligibility for government assistance programs and benefits, such as Medicare, Medicaid, and federal student aid.
Reputational damage and difficulties maintaining personal and professional relationships.

Marijuana Trafficking Penalties

The criminal penalties for trafficking marijuana include:

Class H felony: Trafficking 10 lbs or more constitutes Class H felony charges punishable by a minimum of 25 months in prison and $5,000 in fines.
Class G felony: Trafficking 50-1,999 lbs constitutes Class G felony charges punishable by a minimum of 35 months in prison and $25,000 in fines.
Class F felony: Trafficking 2,000-9,999 lbs constitutes Class F felony charges punishable by a minimum of 70 months in prison and $55,000 in fines.
Class D felony: Trafficking 10,000 lbs or more constitutes Class D felony charges punishable by a minimum of 175 months in prison and $200,000 in fines.

Cocaine Trafficking Penalties

The criminal penalties for trafficking cocaine include:

Class G felony: Trafficking 28–199 grams constitutes a Class G felony punishable by a minimum of 35 months in prison and $50,000 in fines.
Class F felony: Trafficking 200–399 grams constitutes a Class F felony punishable by a minimum of 70 months in prison and $100,000 in fines.
Class D felony: Trafficking 400 or more grams constitutes a Class D felony punishable by a minimum of 175 months in prison and $250,000 in fines.

Methamphetamine Trafficking Penalties

The criminal penalties for trafficking methamphetamines include:

Class F felony: Trafficking 28-199 grams constitutes Class F felony charges punishable by a minimum of 70 months in prison and $50,000 in fines.

Opium & Heroin Trafficking Penalties

The criminal penalties for trafficking heroin or opioids may include:

Class F felony: Trafficking 4-13 grams constitutes a Class F felony punishable by a minimum of 70 months in prison and $50,000 in fines.
Class E felony: Trafficking 14-27 grams constitutes a Class E felony punishable by a minimum of 90 months in prison and $100,000 in fines.

Can I Get Probation for Drug Trafficking in NC?

All drug trafficking convictions require mandatory imprisonment in North Carolina. The only possible way to avoid prison time for a drug trafficking conviction is by providing “substantial assistance.” Put simply, this refers to cooperating with law enforcement officials in the arrest and prosecution of other drug traffickers. Remember, consulting a trusted defense lawyer is critical to making fully informed decisions throughout your case and navigating the criminal proceedings wisely and effectively.

Defending Against Drug Trafficking Charges

If you’re facing drug trafficking charges, securing experienced representation from a qualified defense attorney is imperative to avoid life-altering criminal consequences. Some common defense strategies against drug trafficking include:

There is insufficient evidence to convict you.
You consented to the search while under duress.
You did not knowingly possess the illicit substance.
The drug isn’t classified as a controlled substance.
Law enforcement officers conducted an unlawful stop, search, or seizure.
Law enforcement officers violated proper procedural protocols in obtaining or executing a search warrant.

Remember, consulting with an experienced drug trafficking defense lawyer is critical before employing a particular defense. Your lawyer can evaluate the unique circumstances of your case with a practiced legal eye to determine an effective legal strategy to implement in your defense.

Secure a Robust Defense with Floyd Law Offices PLLC

At Floyd Law Offices PLLC, we understand how terrifying and overwhelming it can be to face drug crime allegations. That’s why our firm is committed to helping you build the strongest defense possible. With years of experience and a winning track record of results in criminal cases, our Raleigh attorney is well-versed in criminal law to aggressively defend your rights and guide your legal steps wisely from start to finish.

When you partner with our results-driven defense team, we can fight tirelessly to reduce or dismiss the charges against you. When your life and liberty are on the line, don't throw away your future by failing to secure experienced representation. Turn to our seasoned criminal defense attorney to defend your hard-earned reputation and advocate for the second chance you deserve.

If you’re facing drug charges in Raleigh or the surrounding area, securing a robust defense is paramount to defending your freedom. Call (919) 805-3663 to schedule a free case evaluation.