It is illegal throughout North Carolina to be involved with controlled substances unless you have a license or prescription. This includes the unlicensed possession, sale, distribution, and manufacture of these drugs within the state. Whether you are caught with some marijuana and charged with drug possession, or you are arrested for manufacturing meth, you need to call an experienced and aggressive Charlotte drug lawyer to defend you.
At Randall & Stump, Criminal Defense Attorneys, we are knowledgeable regarding NC laws on controlled substances and highly experienced in defending against misdemeanor and felony drug charges. You can reach us to schedule a free, initial consultation through our online contact form, or by calling (980) 237-4579.
It is illegal under North Carolina General Statutes (NCGS) 90-95(a) to:
The type of the manufacturing charge you may face depends on the type and amount of the controlled substance or substances. The law does not treat all drugs or differing amounts of one drug the same. You should speak with a drug lawyer about the potential charges and penalties.
The North Carolina Controlled Substances Act dictates which schedule a drug belongs to, which in turn influences the class of a misdemeanor felony drug offense. The NC controlled substances schedule divides into six distinct categories, with Schedule I encompassing the most dangerous and addictive drugs, and Schedule V and VI containing the least dangerous and addictive drugs.
When you are facing drug charges based on alleged manufacturing, it is important you understand what “manufacturing” entails. A prosecutor may charge you with manufacturing a drug if you physically create the drug, such as growing cannabis plants or creating methamphetamine in a professional or homemade lab. However, manufacturing a drug under North Carolina law is much more than just those acts. You can face these charges even if another party creates the drug and sells or distributes it to you first.
Manufacturing also entails processing, compounding, or otherwise preparing drugs; packaging or repackaging drugs; and labeling or relabeling containers. For example, you may receive a large shipment of cocaine. You may then take several large parcels of the cocaine, weigh them into smaller portions, and package and label those smaller portions for sale to others.
If you are accused of manufacturing a drug or possession with the intent to manufacture, sell, or distribute (PWIMSD), you can expect to face a felony offense. However, the level of the felony depends on the type and amount of the drug in your possession.
The law states:
If you are arrested for selling, manufacturing, delivering, transporting, or possessing more than 10 pounds of marijuana, then you can be charged with trafficking in marijuana under NCGS 90-95(h)1). The level of the drug charge and the potential penalty depends on the amount in question:
When you face a drug cultivation charge for large quantities of marijuana, contact a drug defense lawyer at Randall & Stump, Criminal Defense Attorneys as soon as possible. We understand that you may see recreational marijuana use as harmless, but the state does not agree. You will need to present a vigorous defense to avoid a conviction or being sentenced to the maximum penalties upon conviction.
If you are convicted of a class H felony drug offense, then you face a prison term of anywhere between four to 25 months. Class G drug convictions are punishable by eight to 31 months imprisonment. If you are convicted of a class C drug felony, however, your sentence can be anywhere between 44 and 182 months.
Because of the complexities of North Carolina felony sentencing, you should speak with a drug lawyer about the potential penalties upon conviction.