Possession of a controlled substance, such as street drugs or prescription medication without a valid prescription, can be either a misdemeanor or felony offense in North Carolina, depending on the substance and its classification. Possession of any controlled substance can become a felony offense if prosecutors prove possession with intent to sell or deliver.
There is no clear line between these charges, leaving many people to face a felony punishable by lengthy imprisonment and a criminal record when they should be eligible for a first offender deferral option or probation. If you are in a similar situation, it’s vital to understand the elements of possession with intent to sell and deliver NC charges and to find out how you can protect your future with the help of a defense attorney from Hiltzheimer Law.
Understanding Possession With Intent to Sell and Deliver (PWISD) in North Carolina
Possession of a controlled substance requires two elements. First, you must know that you have the substance. Second, you must have the power and intent to dispose of it. Thus, you can commit this offense if you have actual possession, meaning the drugs involved are on your person.
The law also covers constructive possession, which occurs when the drugs are in a location where you can access them. For example, suppose the police find drugs under the spare tire well in the trunk of your car. These drugs were in your possession because you had access to and control over them, because it was your car.
However, to charge you with drug possession, the prosecutor must show that you knew the drugs were there. In other words, you cannot commit simple possession if you do not know you have the drugs.
For the more serious charge of possession with intent to sell or deliver, the state must also prove that you knowingly possessed a controlled substance. Additionally, the state must have evidence that you did not have them for personal use. Instead, the evidence must show that you planned to sell or deliver those drugs to another person, whether they are a distributor, dealer, or user.
Importantly, the state does not need to prove that you received or expected to receive money for the drugs. Giving them away would still qualify as “delivery.”
The evidence can come from the defendant’s own words declaring their intent to sell or deliver. For instance, text messages or phone calls in which you arranged to sell or deliver a controlled substance could establish your intent.
The prosecution can also use circumstantial evidence to prove your intent. Thus, a prosecutor could ask a jury to infer your intent to sell or deliver drugs because you possessed a large quantity of drugs, packaged the controlled substance in baggies, or had a scale.
Criminal Penalties for PWISD of a Controlled Substance in North Carolina
The penalties for possession with intent to distribute charges depend on the type and amount of substance. The North Carolina General Statutes use the same drug classifications as federal law.
Under these statutes, a Schedule I substance is considered to have a high risk of dependence and no accepted medical use, such as hallucinogens and synthetic cannabinoids (despite substantial research that clearly contradicts this classification for many Schedule I substances). A Schedule II substance is also considered to have a high risk of dependence, but with formally recognized medical uses as well. Opium, fentanyl, cocaine, and methamphetamine can qualify as Schedule II substances.
A Schedule III controlled substance is considered to have a lower risk of abuse than Schedule I or II substances and has accepted medical uses, such as steroids and anesthetics. Schedule IV drugs have a low risk of abuse and are widely accepted for medical use, such as Xanax and other prescription mood-altering drugs. Marijuana falls on Schedule VI, the lowest schedule under North Carolina law.
PWISD of a Schedule I or II controlled substance is typically a class H felony, punishable by anywhere from probation to 5 to 20 months imprisonment, depending on your prior criminal record. The same offense involving a Schedule III, IV, V, or VI substance is a class I felony. This charge carries a punishment ranging from probation to 4 to 10months of imprisonment.
Keep in mind that possession with intent to distribute can become drug trafficking when you allegedly possess a large drug quantity. These drug crimes carry potential penalties of up to 279 months in prison.
Long-Term Consequences of a PWISD Conviction
The consequences of PWISD in North Carolina can go beyond imprisonment or probation. Simple possession is usually a misdemeanor, while PWISD is classified as a felony.
Even if you avoid imprisonment as a first-time offender, you may still have a felony record that might affect your employment or educational opportunities. Moreover, since the charge is drug-related, you might also face professional discipline if you hold any licenses.
Alternative Sentencing and Expungement Options
If you have a relatively clean criminal history, community punishment is often available for PWISD charges, regardless of the drug type. Community punishment can include probation or drug court. You may also be eligible for a diversion program that allows you to receive drug treatment.
Expunction, also referred to as expungement, removes a conviction for drug charges from your record. This process is not available for possession with intent to sell and deliver NC convictions involving heroin, methamphetamine, or cocaine. A conviction for mere possession of heroin or methamphetamine is also ineligible for expunction. Your lawyer may seek to negotiate either a first offender deferral option that does not result in a conviction, or negotiate to a lesser charge such as possession of drug paraphernalia that may be eligible for an expungement.
How Hiltzheimer Law Can Help Fight PWISD Charges
Our firm’s attorneys have over 20 years of combined legal experience fighting against the government’s might on behalf of criminal defendants. We know what it takes to overcome North Carolina PWISD charges, and our lawyers can aggressively advocate for your rights while negotiating with prosecutors and effectively presenting your case to a jury.
Find Out How We Can Defend You Against PWISD Charges in NC
A possession with intent to sell and deliver NC conviction can carry a stiff penalty, depending on the drugs allegedly recovered. Contact Hiltzheimer Law Office to discuss your charges and the defenses we can assert to fight for your reputation and freedom today.
