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Chapel Hill, NC

919-913-4701

High quality and affordable representation for when law meets life.

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Drug Possession Crimes


Due in part to the 'war on drugs,' the punishment for drug possession crimes can often seem disproportionate to the severity of the offense. This is especially the case for non-violent crimes. That is why it's important to hire an attorney when facing any of the charges below. Attorney Hastings has experience professionally representing clients in related charges in courtrooms throughout North Carolina. He will try them if necessary and do everything in his power to mitigate the consequences of the charge so that the punishment, if any, is fair and reflective of the severity of the crime.


Schedule I controlled substances

N.C.G.S.A §90-89. Schedule I controlled substances – “a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision. 

Some examples of schedule I substances include the following. However, the full list is in the relevant statute §90-89:

·         Heroin

·         LSD

·         Mescaline

·         MDMA

·         GHB

·         Ectasy

·         Psilocybin (mushrooms)

·         Bath Salts

 

 Schedule II controlled substances

N.C.G.S.A § 90-90. Schedule II controlled substances – “a high potential for abuse; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence.”

Some examples of schedule II drugs include the following. However, the full list is in the relevant statute §90-90.

·         Raw opium

·         Opium extracts

·         Codeine

·         Hydrocodone

·         Morphine

·         Oxycodone

·         Methadone

 

Schedule III Controlled Substances

N.C.G.S.A § 90-91. Schedule III controlled substances – “a potential for abuse less than the substances listed in Schedules I and II; currently accepted medical use in the United States; and abuse may lead to moderate or low physical dependence or high psychological dependence.

  List of amounts and specifications on Schedule III controlled substances found in § 90-91.

 

Schedule IV controlled substances

N.C.G.S.A § 90-92. Schedule IV controlled substances – “a low potential for abose relative to the substances listed in Schedule III of this Article, currently accepted medical use in the United States; and limited physical or psychological dependence related to the substances listed in Schedule III of his Article.”

Full list of drugs in the relevant statute § 90-92

 

Schedule V controlled substances

N.C.G.S.A § 90-93. Schedule V controlled substances – ““a low potential for abose relative to the substances listed in Schedule III of this Article, currently accepted medical use in the United States; and limited physical or psychological dependence related to the substances listed in Schedule III of his Article.”

Full list of drugs in the relevant statute § 90-93

 

Schedule VI controlled substances

N.C.G.S.A § 90-93. Schedule V controlled substances

Marijuana, Hashish, Hashish Oil

 

 

Prohibited Acts

Working Statute: N.C.G.S.A. § 90-95. Violations; penalties

(a) Except as authorized by this Article, it is unlawful for any person:

(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;

(3) To possess a controlled substance.

 

 

Possession of a Controlled Substance

 i.      N.C.G.S.A. § 90-95(a)(3).

 A person is guilty of this offense under the statute above if they:

1.      Knowingly

2.      Possess

3.      A Controlled Substance

Punishment is dependent on the classification of the controlled substance.

 

Possession of a Controlled Substance with intent to sell, deliver, or distribute it to someone else

N.C.G.S.A. § 90-95(a)(1).

·         A person must satisfy these elements to be guilty:

1.      Knowingly

2.      Possess

3.      Controlled Substance

4.      With the intent to manufacture, sell, or deliver it.

·         Punishment is dependent on the classification of the controlled substance.

 

Manufacturing or creating a controlled substance

 i.      N.C.G.S.A. § 90-95(a)(1).

·         A person must satisfy these elements to be guilty:

1.      Knowingly

2.      Manufacture (producing, preparing, processing, packaging, or labeling)

3.      Controlled Substance

·         Punishment is dependent on the classification of the controlled substance.

 

Selling, Delivering or Distributing a Controlled Substance

 i.      N.C.G.S.A. § 90-95(a)(1).

·         A Person is guilty of this offense if they:

1.      Knowingly

2.      Sell or deliver (actual or constructive transfer to another)

3.      Controlled substance

4.      To another

·         Punishment depends on the classification of the controlled substance.