Possession of almost any narcotic or controlled substance can qualify for a drug trafficking charge. In North Carolina state court, the exact quantity of the drug will determine if a possession charge becomes a trafficking charge. The penalties for drug trafficking are severe and include lengthy jail sentences, asset forfeiture and heavy fines.
Contact us online today or at 919-838-6643 for a free consultation with a felony drug trafficking defense lawyer. Hiring our law firm to protect your rights and represent you in any dealings with authorities can help you avoid losing your home, car, investments, even your freedom.
Even if the drugs were meant for personal use, you could be charged with trafficking if you are found to have a large enough quantity. In addition, you could be charged with possession with intent to sell and deliver or possession with intent to distribute if the drugs were packaged in such a way that would suggest sale, even if you weren’t intending to sell them.
Drug Trafficking in North Carolina
The underlying crime in any drug trafficking charge is drug possession, and the prosecution does not have to prove an intent to distribute or even transport to charge you with trafficking. To be charged with drug trafficking under North Carolina law, you must be found to possess at least:
- 28 grams of crack or powder cocaine
- 10 pounds of marijuana
- 4 grams of heroin, morphine or other opiates
- 100 pills of ecstasy or LSD
The penalties for drug trafficking crimes start at 25 to 30 months in prison for trafficking 10 pounds of marijuana and go up from there. Trafficking in heroin has the highest penalty range, topping out at 225 to 279 months for 28 grams or more.
Federal drug trafficking laws trigger the application of the Federal Sentencing Guidelines upon conviction for a federal drug crime. What you may have thought was simple underage possession of drugs or a state possession of marijuana with intent to distribute charge can quickly turn into a federal crime.
Challenging Drug Trafficking Charges
Drug trafficking charges almost always involve questions related to constitutional issues and police procedures. Finding credible evidence of drug trafficking is not always an easy or straightforward process. To build their case, authorities often use informants, cutting deals with those involved in exchange for information leading to other arrests.
If a tip leads to a house, boat, or car being raided, there is no way of knowing for sure if the drugs found were being stored, hidden, or moved there without the knowledge of the property owner. And when serious drugs are involved, there are also often issues regarding the chain of custody when taking possession of drugs after an arrest.
Depending on whether your car was pulled over on the highway or an informant passed along information in exchange for a lesser sentence, how evidence is gathered and seized can determine the strength of the state or federal government’s case against you.
Contact A Charlotte Drug Trafficking Defense Law Firm
At Marcilliat & Mills PLLC, our North Carolina drug trafficking lawyers have successfully handled countless drug possession and trafficking cases in both state and federal court. We can help you fight felony drug trafficking charges.
Contact us online or call 919-838-6643 to schedule a free consultation if you are facing North Carolina or federal trafficking charges.