Drug offenses are taken very seriously in North Carolina and can often come with severe consequences. Significantly, courts differentiate between simple drug possession charges and drug possession with the intent to sell or deliver. If you’ve been arrested for a drug-related offense, it’s important to understand the specific charges you are facing — and the impact a conviction can have on your life and livelihood.

What is Drug Possession?

In North Carolina, drug “possession” refers to the unlawful possession of a controlled substance. Drug possession charges can be brought based on: 1) actual possession or 2) constructive possession. Actual possession occurs when the controlled substance is found directly on the individual. In contrast, constructive possession can arise when a person does not have direct physical contact with the drug, but they know of its existence and have the ability to exercise control over it.

The penalties for a drug possession conviction depend upon the type of controlled substance and the quantity involved. Drugs are categorized into six schedules in North Carolina, with Schedule I controlled substances being the most serious, with a high potential for abuse — and Schedule VI having the lowest potential for abuse. While drug possession can be charged as either a felony or misdemeanor, it’s important to understand that even possession of small amounts of Schedule VI controlled substances can result in jail time.

In addition to a jail sentence, a conviction for drug possession can result in substantial monetary fines, community service, participation in an education program, and probation. To determine an appropriate sentence, a judge would consider the offense class, prior criminal history, and various other factors.

What is Drug Possession with the Intent to Sell or Deliver?

Drug possession with the intent to sell or deliver is a felony offense. It requires proving that an individual knowingly possessed a controlled substance with the intent to sell or deliver it to another party. Notably, with these charges, the prosecution can prove the intent to sell or distribute the drugs without showing evidence of an actual sale.

Depending on the amount of the drug, an individual can be charged with drug trafficking — which is a distinct charge from possession with the intent to sell or deliver. For a trafficking charge, it does not matter whether an individual intended to actually sell the drug if the amount in possession exceeds a certain threshold. The quantity required for trafficking varies based on the specific type of controlled substance involved.

As with drug possession charges, the penalties an individual may face for intent to sell or deliver depend upon the classification and quantity of the drug. A judge may also consider aggravating and mitigating factors. Critically, charges for intent to sell or deliver are much more serious than simple drug possession charges and can come with harsher consequences.

When Can Drug Possession Charges Become Intent to Distribute?

Drug possession with the intent to sell or deliver is a separate criminal charge from drug possession. However, drug possession charges can escalate to the more serious “intent to sell or deliver” offense based on the quantity of the controlled substance. There are several different factors the prosecution may consider when determining which charge to pursue. Specifically, intent to sell or deliver can be established with circumstantial evidence, such as the following:

• Quantities of drugs that are unusually large for personal use
• Packaging such as plastic baggies or small containers
• Scales or other paraphernalia
• Large sums of cash or transaction records
• Text messages, emails, or other communications indicating drug sales
• Testimony from witnesses
• Surveillance footage
• Multiple cell phones, pagers, or beepers
• Weapons

There are a variety of defenses a skillful criminal defense attorney may use in a case involving drug possession charges or intent to sell or deliver. Depending on the facts of the case, they may be able to show a Constitutional violation, such as an illegal search, took place. Any evidence obtained in connection with a search in violation of the Fourth Amendment would need to be suppressed — which could significantly impact the prosecution’s case. An attorney may also be able to create reasonable doubt in the minds of the jurors that the defendant was in possession of the drug or had the intent to distribute it.

Contact an Experienced North Carolina Criminal Defense Attorney

A conviction of a drug-related offense can have serious ramifications on all aspects of your life. Not only might you face jail time and be required to pay substantial monetary fines, but a conviction would become part of a permanent criminal record that could affect employment, housing, and education opportunities. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law provide trusted representation for a wide range of criminal offenses in North Carolina, including drug crimes. Call (919) 300-1249 to schedule a consultation and learn how we can assist you.