A drug charge in North Carolina can turn your world upside down in an instant. Whether it’s a minor possession charge or a felony trafficking case, the penalties can be severe—jail time, heavy fines, a permanent criminal record, and damage to your future.
But here’s the truth: you have options. And with the right defense strategy, you may be able to reduce your charges—or beat them entirely.
At Martine Law, we’ve helped hundreds of people in North Carolina protect their rights and fight back against drug charges. This guide will help you understand your situation, your defense options, and how to move forward with confidence.
Types of Drug Charges in North Carolina
North Carolina drug laws (found under N.C.G.S. § 90-95) categorize offenses based on the type and amount of drug, as well as the intent behind possessing it.
🔹 1. Simple Possession
This means having a small amount of a controlled substance for personal use. Common charges include:
- Marijuana under 0.5 oz – Misdemeanor, no jail (but still a criminal record)
- Cocaine, heroin, meth – Felony, even if it’s a tiny amount
- Prescription meds without a valid prescription (like Xanax, Adderall)
Penalties depend on the drug’s classification (Schedule I–VI) and your past criminal history.
🔹 2. Possession with Intent to Distribute (PWISD)
If you’re caught with larger quantities, packaging materials, or cash, the state may claim you intended to sell or distribute—turning a simple possession into a felony.
🔹 3. Drug Trafficking
This is the most serious classification and is based solely on weight, not intent. For example:
- Marijuana – 10+ lbs
- Cocaine – 28+ grams
- Heroin – 4+ grams
Trafficking charges carry mandatory minimum prison sentences, even for first-time offenders.
Drug Scheduling: What Substance Are You Charged With?
Controlled substances are divided into six “schedules” based on risk and medical use:
| Schedule | Examples | Penalty Severity |
| I | Heroin, LSD, Ecstasy, Mushrooms | Highest (most serious) |
| II | Cocaine, Meth, Oxycodone, Adderall | High |
| III | Ketamine, Steroids | Medium |
| IV | Xanax, Ativan, Valium | Lower (but still serious) |
| V | Codeine-based cough syrups | Low |
| VI | Marijuana | Least severe (but still illegal in NC) |
Even medical marijuana is not legalized in North Carolina, and possession can still lead to charges.
What Happens After a Drug Arrest in NC?
- You’re Arrested & Booked
- Police take your fingerprints, mugshot, and confiscate your belongings.
- You may be held until bail is set.
- First Appearance & Charges
- A judge informs you of your charges.
- Bond may be adjusted, and your case moves to the district or superior court depending on severity.
- Discovery & Investigation
- Your lawyer requests all evidence: lab reports, police reports, witness statements, bodycam footage.
- We investigate if your rights were violated (more on that soon).
- Negotiation or Trial
- Many cases are resolved through plea bargains.
- Others go to trial, especially when evidence is weak or rights were violated.
Your Legal Rights (and How They Can Help You)
Even if you were caught with drugs in your car or on your person, you still have powerful rights. And if any were violated, it could mean the charges are dropped or reduced.
✅ 1. Right Against Unlawful Search & Seizure
Police must have probable cause or a valid warrant to search your car, home, or body. If they searched you illegally, your attorney can file a motion to suppress, and the evidence may be thrown out.
Example: A routine traffic stop where the officer asks to search your car—and you say no. If they search anyway without consent or cause, it’s a 4th Amendment violation.
✅ 2. Right to Remain Silent
You are not required to answer police questions without an attorney present. Anything you say can and will be used against you.
✅ 3. Right to Legal Representation
Never speak to police or prosecutors without a lawyer. The earlier you hire an experienced drug defense attorney, the better your chances of building a strong case.
Defenses Against Drug Charges
There’s no one-size-fits-all defense—but at Martine Law, we tailor our strategy based on the unique facts of your case.
🔸 Possible Defense Strategies:
- Illegal Search or Stop
If the search that led to finding drugs violated your rights, the evidence can’t be used. - Lack of Knowledge or Possession
Just because drugs were in your vicinity doesn’t mean they were yours. This is especially helpful in shared living spaces or car stops. - Lab Errors or Chain of Custody Issues
If the drugs weren’t properly tested, labeled, or handled, it creates doubt about the evidence’s reliability. - Entrapment by Police
If undercover officers encouraged or coerced you into committing a drug crime you wouldn’t have otherwise committed, this could be a valid defense. - Medical or Prescription Defense
If you had a valid prescription or were unaware it had expired, this may help reduce or dismiss charges.
Alternative Sentencing & Diversion Programs
If this is your first drug offense, you may qualify for a diversion program or other alternative to incarceration. These options are designed to help individuals address substance use, avoid jail, and potentially keep their record clean.
🔹 Pretrial Diversion
Many North Carolina counties offer pretrial diversion programs, especially for:
- Non-violent offenders
- First-time possession charges
- Juveniles or young adults
You’ll be required to:
- Attend drug education or rehab
- Submit to random drug tests
- Stay arrest-free for a designated period
If completed successfully, the charges are dismissed, and in some cases, you may qualify for expungement.
🔹 Conditional Discharge (N.C.G.S. § 90-96)
Under this statute, certain drug offenders may plead guilty and be placed on probation. If they meet all conditions—like rehab, community service, and staying clean—the charge can be dismissed.
This is not automatic and must be approved by the court. A knowledgeable attorney can help you petition for this option.
🔹 Drug Treatment Court
This is a supervised rehabilitation program for individuals who struggle with substance use disorders. Instead of punishment, the court focuses on long-term recovery through:
- Intensive treatment
- Court monitoring
- Frequent testing
- Incentives and sanctions
While demanding, it’s a valuable alternative to jail and offers a real path to recovery.
Expunging a Drug Charge in North Carolina
One of the biggest concerns after a drug arrest is: “Will this follow me forever?” The good news is—not always.
✅ You may be eligible for expungement if:
- Your charges were dismissed or you were found not guilty
- You completed a diversion program or received a conditional discharge
- It’s been a sufficient period since completing your sentence (for some non-violent felonies and misdemeanors)
❌ You’re not eligible if:
- You have multiple convictions
- Your offense was violent or involved trafficking
- You failed to complete your probation or court requirements
Refer to NC Second Chance Act for details on recent reforms expanding expungement eligibility.
📌 What Expungement Can Do:
- Remove your criminal record from public background checks
- Open up employment and housing opportunities
- Help restore your reputation
Important: Expungement doesn’t happen automatically—you need to file a petition, often with legal assistance.
Long-Term Consequences of a Drug Conviction
Even a minor drug conviction can haunt you for years—especially if not handled properly.
🚫 Employment Barriers
Many employers conduct background checks. A criminal drug conviction may disqualify you from jobs in:
- Education
- Healthcare
- Finance
- Government
- Any position requiring a professional license
🚫 Housing Restrictions
Both public and private landlords may deny applicants with a criminal record—especially for drug-related offenses.
🚫 Student Aid and Scholarships
A conviction can make you ineligible for federal student loans, grants, and some scholarships.
🚫 Immigration Consequences
For non-U.S. citizens, drug convictions—even minor ones—can lead to:
- Visa denial or revocation
- Inadmissibility to the U.S.
- Deportation
Consult an attorney immediately if you are not a citizen and face drug charges.
Real Case Example: A Second Chance After a First Mistake
Carlos (name changed), a 22-year-old college student, was arrested in Charlotte for possessing a small amount of Xanax without a prescription. A felony charge like this could have derailed his life—loss of financial aid, expulsion, and future job prospects gone.
But here’s what we did at Martine Law:
- Filed a motion to suppress the illegal search that uncovered the pills
- Negotiated a conditional discharge under N.C.G.S. § 90-96
- Helped him complete a short drug education course and maintain compliance
- Filed for expungement six months later
Today, Carlos has no conviction on his record, finished college, and is applying for graduate school. His future is intact—because he had the right legal defense.
FAQs: Drug Crimes in NC
Q: Can I go to jail for weed in North Carolina?
Yes. Although marijuana is decriminalized for small amounts, it’s still illegal and can result in fines or even jail time—especially for repeat offenders or possession over 0.5 oz.
Q: Will my employer find out about my drug charge?
Possibly. If the charge becomes a conviction, it may show up in background checks. Some employers may be notified if you hold certain clearances or licenses.
Q: Is drug paraphernalia also illegal?
Yes. Possession of items like pipes, bongs, syringes, or baggies can lead to additional charges, even if no drugs are present.
Q: What if the drugs were found in a shared car or apartment?
Your lawyer can argue lack of knowledge or possession—just being near drugs doesn’t prove you owned or knew about them.
Q: What are the chances of getting a felony drug charge dropped?
It depends on many factors—like the evidence, your criminal history, and how your rights were handled. But with the right legal defense, many first-time felony charges can be reduced or dismissed.
Why Choose Martine Law?
At Martine Law, we don’t just see drug cases—we see people. Whether you’re a college student, a working parent, or someone caught in the wrong place at the wrong time, you deserve a second chance.
Our team offers:
- Personalized defense for every type of drug charge
- Help navigating drug court, diversion, and expungement
- Immigration and employment impact guidance
- Clear communication and non-judgmental support
📞 Contact us today for a confidential case review. Let us protect your rights, your future, and your freedom.