Please note: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.
The Jonas Law Firm, P.L.L.C.
Lincolnton: 704.666.1210
Denver: 704.483.2016

What impacts sentencing for drug crimes in North Carolina?

While on the federal level, the possession, sale, growing and manufacturing or any illicit drug including marijuana is illegal, that's not the case under existing North Carolina law.

Although selling marijuana in the state is a felony offense, simple possession of what amounts to no more than a personal stash of the drug is simply a misdemeanor. It's also permissible under existing North Carolina law for a person to transfer as little as five grams of marijuana to someone else lawfully, provided that no money exchanges hands.

All other drug offenses that are illegal under federal law are also illicit under North Carolina Statutes Article 5. Section 90-86, et seq.

Whether a defendant is charged with a misdemeanor or felony is contingent upon where the drug they're alleged to have been in possession of falls on the schedule established by the Drug Enforcement Agency (DEA). Marijuana happens to be considered a Schedule I drug, along with heroin and LSD. This means that in the eyes of the DEA, marijuana does not have any medicinal use and has a high potential for abuse.

Where a drug falls on the schedule, the amount of the drug possessed and any other aggravated circumstances will impact how long a defendant is convicted of a crime. For example, if a defendant is found distributing drugs near a school, then it's likely that they'll face additional aggravated charges for child endangerment or other related crimes.

If you've been arrested and charged with a drug offense, then a Lincolnton criminal defense attorney can advise you of your rights in your legal matter.

Source: FindLaw, "North Carolina drug laws," accessed May 25, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

How can we help you?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Lincolnton Office
210 East Main Street
Lincolnton, NC 28092

Phone: 704-666-1210
Fax: 704-735-1490
Lincolnton Law Office Map

Gastonia Office
Open by Appointment Only
534 South New Hope Road
Gastonia, NC 28054

Phone: 704-666-1210
Gastonia Law Office Map

Denver Office
1258 N. NC-16 Business Highway
Denver, NC 28037

Phone: 704-483-2016
Fax: 704-483-2019
Denver Law Office Map