North Carolina law enforcement and prosecutors take drug trafficking charges extremely seriously. The state’s General Statute § 90-95 defines the crime of drug trafficking and outlines the severe penalties for those convicted. If you’ve been charged with drug trafficking, you could be facing significant jail time and hefty fines. Understanding the charges against you and speaking to a criminal defense attorney is crucial to making informed decisions about your legal defense.
The Definition of Drug Trafficking
North Carolina General Statute § 90-95 defines the crime of possession of a controlled substance with the intent to manufacture, sell, or deliver the substances. Drug trafficking is defined as the unlawful possession of a specific amount of controlled substance or the sale or delivery of a controlled substance. Prosecutors must be able to establish the elements of drug trafficking beyond a reasonable doubt to convict a defendant of drug trafficking.
First, the prosecution must prove the defendant knowingly sold or delivered cocaine, marijuana, meth, amphetamine, MDA, synthetic cannabinoid, or any other controlled substance. Chemically compounding, growing, preparing, converting, and propagating a controlled substance is considered manufacturing controlled substances. Defendants can also be convicted of drug trafficking when they transport controlled substances.
Defendants Can Be Convicted of Drug Trafficking
According to North Carolina General Statute § 90-95, defendants can be convicted of drug trafficking for being in possession of large quantities of one or more controlled substances. Prosecutors don’t necessarily have to prove a defendant was packaging controlled substances or transporting them with the intent to sell them to convict them of drug trafficking. Instead, they only need to show the defendant was in actual or constructive possession of the following minimum amounts of controlled substances. Actual possession means the drugs were found on the defendant’s person, while constructive possession means the drugs were found in an area the defendant had control over, such as their home or car.
- 10 pounds of marijuana
- 28 grams of methamphetamines
- 28 grams of cocaine
- 4 grams of heroin or other opioids
- 28 grams of MDMA
- 100 grams of LSD
Sentencing for Drug Trafficking Crimes Under North Carolina General Statute § 90-95,
Those convicted of drug trafficking offenses in North Carolina face severe consequences. Mandatory minimum sentences range from 25 months to 225 months in jail, along with significant fines. For example, possession with the intent to sell and deliver schedule III through schedule VI drugs is considered a class I felony punishable by a minimum of 25 months in prison. The minimum jail sentences for trafficking opiates, fentanyl, opium, and heroin are 70 months in jail for possession of 4 to 14 grams. When a defendant is in possession of 28 or more grams, they will face an automatic 225-month prison term.
Contact a Criminal Defense Attorney in New Bern, North Carolina
If you’ve been charged with drug trafficking under North Carolina General Statute § 90-95, it’s crucial to seek legal counsel. The criminal defense attorneys at Greene Wilson Crow & Smith are ready to fight for your rights and pursue the most favorable outcome in your case. Don’t hesitate to contact the defense attorneys at Greene Wilson Crow & Smith in New Bern, North Carolina, to schedule a complimentary case evaluation.