Introduction
Being charged with drug possession in North Carolina can turn your life upside down. Even a small amount of an illegal substance can lead to jail time, a criminal record, and long-term consequences that affect your job, housing, and education opportunities.
But what exactly qualifies as “possession” under North Carolina law? And how can prosecutors prove it?
In this guide, we’ll break down how North Carolina defines drug possession, the difference between actual and constructive possession, common defenses, and what you can do if you’re facing charges.
North Carolina Drug Possession Laws: The Basics
Drug possession laws in North Carolina are governed by the North Carolina Controlled Substances Act. This law categorizes drugs into six Schedules based on potential for abuse and medical use, similar to the federal system.
Schedule Classifications
- Schedule I: High abuse potential, no medical use (e.g., heroin, LSD, MDMA)
- Schedule II: High abuse risk, limited medical use (e.g., cocaine, meth, oxycodone)
- Schedules III–VI: Lower abuse risk, accepted medical uses (e.g., steroids, Xanax, cannabis)
Possession of any controlled substance without a valid prescription is a criminal offense, with the seriousness of the charge depending on:
- The type of drug
- The amount
- Whether there’s evidence of intent to distribute
What Is Considered “Possession” in North Carolina?
Possession doesn’t always mean you were caught holding the drug. North Carolina recognizes two types of possession:
1. Actual Possession
This is when drugs are physically on your person, such as in your pocket, bag, or hand.
2. Constructive Possession
This applies when drugs are not directly on you but are found in a location you control or have access to. For example:
- Drugs found in your car’s glove compartment
- Drugs found in your shared apartment bedroom
To prove constructive possession, prosecutors must show that you:
- Knew the drugs were present
- Had the ability to control them
In both cases, prosecutors must establish beyond a reasonable doubt that you had knowledge of the drug and intended to possess it.
Possession of Marijuana in North Carolina
Marijuana laws in North Carolina are stricter than in many other states:
- Up to 0.5 ounces: Misdemeanor, fine only (no jail time)
- 0.5 to 1.5 ounces: Misdemeanor, up to 45 days in jail
- More than 1.5 ounces: Felony, up to 8 months in prison
Even if you have a medical condition, medical marijuana is not fully legalized in North Carolina yet. Any marijuana possession without legal clearance is still a crime.
Visit ncleg.gov for the latest updates on cannabis legislation.
Possession of Prescription Drugs
You can also be charged for possessing prescription medications like:
- Xanax (alprazolam)
- Oxycodone
- Adderall
- Valium
Even if the medication is legal, you must have a valid prescription in your name. Carrying someone else’s prescription — even for personal use — is illegal.
Misdemeanor vs. Felony Possession
The severity of your possession charge in NC depends largely on:
- The type of drug
- The quantity
- Any prior convictions
- Whether the drug was packaged for distribution
Misdemeanor Possession
- Typically involves Schedule III–VI drugs or small amounts of marijuana
- Punishable by up to 120 days in jail and fines
Felony Possession
- Applies to most Schedule I or II drugs, or large quantities
- Can result in 6 to 24 months or more in prison, depending on prior record
For exact classification, refer to North Carolina General Statutes Chapter 90.
Possession with Intent to Distribute
If law enforcement believes you were planning to sell or distribute the drugs, you may face PWISD (Possession with Intent to Sell and Deliver) charges. These are often based on:
- The amount of the drug
- Packaging (e.g., baggies, scales)
- Large sums of cash
- Text messages or communications about distribution
PWISD charges carry significantly harsher penalties, especially for repeat offenders or those caught near schools or parks.
Common Defenses to Drug Possession Charges
Every case is different, but there are several potential defenses we may raise, including:
Illegal Search and Seizure
If the drugs were found during an unlawful traffic stop or without a valid search warrant, your attorney can challenge the evidence under the Fourth Amendment.
Lack of Knowledge
If the drugs were found in a shared space or someone else’s belongings, we can argue that you had no knowledge or control over the substance.
Valid Prescription
If the substance was a prescription medication, we’ll present documentation to prove it was legally obtained.
Entrapment
If undercover officers coerced or tricked you into possession or distribution, we may raise an entrapment defense.
Consequences of a Drug Possession Conviction
Even a misdemeanor drug conviction can have long-term effects:
- Loss of employment opportunities
- Ineligibility for financial aid
- Housing restrictions
- Immigration issues
- Suspension of driver’s license
You may also be required to complete drug treatment or probation terms, even for minor offenses.
First-Time Offender Options in NC
If this is your first offense and the charge is not severe, North Carolina may offer alternatives such as:
- Conditional Discharge: You plead guilty, complete probation, and your case gets dismissed
- Deferred Prosecution: The DA agrees to drop charges after you complete treatment or classes
These programs may keep your record clean if successfully completed. An experienced lawyer can help you negotiate these outcomes.
Why You Need a Criminal Defense Attorney
Drug possession laws in North Carolina can be unforgiving, especially for felony-level charges. A qualified defense attorney can:
- Challenge the legality of the stop or search
- Uncover flaws in the prosecution’s case
- Negotiate reduced charges or alternative sentencing
- Represent you in court with confidence and experience
At Martine Law, our attorneys have a proven track record of helping clients fight drug charges in North Carolina and get their lives back on track.
Contact Martine Law Today
If you’ve been charged with drug possession in North Carolina, don’t wait. The sooner you speak with a lawyer, the better your chances of protecting your rights and your future.
Schedule your confidential consultation with Martine Law today and get a strategic plan tailored to your case.