What Drug Crimes Are Felonies?

Misdemeanor vs. Felony

In North Carolina, drug crimes may be charged as either a misdemeanor or a felony. Both may entail fines and jail time, and will leave a mark on your criminal record if convicted. The main difference is in the severity of the charge and the punishment, as well as the collateral consequences. Simply put, a misdemeanor is a lesser charge. A felony drug charge may come with heavy penalties including lengthy mandatory minimum prison sentences, massive fines, and loss of civil rights (e.g., firearm ownership). Learn More

Felony Drug Crimes

Because of the perceived dangers posed by controlled substances, many drug-related activities are considered felonies. These include the manufacturing, selling, transportation, distribution, or trafficking of controlled substances or chemicals for making them. For some controlled substances, having them in your possession, including in your property such as a house or a vehicle, is considered a felony. But there are exceptions depending on the drug's category or 'schedule' (see below). For one common example, possession of a small amount of marijuana (a Schedule VI substance) is only a misdemeanor, but selling it is a felony. Read more about NC Drug Laws

Not all drugs are equal

Controlled substances are classified into six categories or 'schedules' with Schedule I being reserved for substances thought to be the most dangerous, and Schedule VI being the least dangerous.

I LSD, ecstasy, heroin, and mescaline
II Opium, cocaine, methadone, methamphetamines, and amphetamines
III Anabolic steroids, testosterone, ketamine, and some depressants
IV Valium, Xanax, tranquilizers, and sedatives
V Tylenol with Codeine.
VI Marijuana

Possession of a Schedule I substance is an automatic felony (unless the drug is MDPV). First-time simple possession of drugs in Schedule II to IV is generally a misdemeanor, but the second time around, it's a felony. First-time possession of some Schedule II drugs are felonies; drugs within this category include meth and cocaine. Penalties depend on the type and amount of substance involved, with substances in Schedule I often equating to the harshest penalties. More on penalties

If you are facing drug charges, it is crucial to seek advice from experts who can navigate these complex laws. Call to get a free consultation with the attorneys at Roberts Law Group.

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North Carolina vs. M.W.
Charge: Charge: Robbery with A Dangerous Weapon (4 Counts), First Degree Burglary, Conspiracy to Commit Robbery with A Dangerous Weapon
Facing: 12 - 17 years in prison
Result: Dismissed

An incarcerated defendant accused our client of participating in the robbery of a group of youth at a party. We were able to raise doubt as to the credibility of this individual. In the end, the prosecutor dismissed these charges, citing a lack of evidence.