When it comes to drug charges in North Carolina, the difference between possession and drug trafficking makes a significant difference in the outcome. Many people think trafficking laws only apply to major dealers or large criminal organizations, but charges are often brought based on drug quantity alone. Understanding this important distinction and how quickly a simple possession can escalate into a much more serious felony is critical if you or someone you know is facing drug charges in North Carolina.

What Is Simple Drug Possession in North Carolina?

Simple possession refers to knowingly having a controlled substance, like marijuana, cocaine, prescription pills, methamphetamine, heroin, or fentanyl, without lawful permission. There are two major types of possession: actual possession and constructive possession. 

• Actual Possession: This means the drug was found directly on your person (in your hand, pocket, or backpack you’re wearing, for example). 
• Constructive Possession: This means you had knowledge and control over a substance that was not physically on you. This could include your vehicle’s glove box, your home, a shared/communal space, or even something like a safe or storage locker that you have the key to. 

In both of these cases, you can face possession charges.

What Is Drug Trafficking in North Carolina?

Drug trafficking in North Carolina is a felony offense that involves possessing, transporting, manufacturing, delivering, or selling controlled substances at or above specific weight thresholds. Under state law, you do not need to be caught in the act of selling drugs to face a trafficking charge. Trafficking can involve

• Possession
• Transportation
• Manufacturing
• Delivery
• Sale

What many people don’t realize is that trafficking charges in North Carolina are based mainly on the quantity of drugs involved, not whether you actually distributed or sold them. This makes even first-time allegations of possession of a large quantity extremely serious.

Main Differences Between Possession and Trafficking Charges

The differences between drug possession and drug trafficking charges in North Carolina are important to know if you’re facing allegations of either.  

Severity of the Charges

Possessing an amount of a drug that pushes it into a trafficking charge means you’re facing much harsher penalties. Possession charges are commonly misdemeanors or low-level felonies, whereas trafficking charges become higher-level felonies, regardless of intention to sell or distribute the drugs. While a possession charge might mean probation, treatment, or shorter stays in jail, trafficking will likely lead to a prison sentence.  

Mandatory Minimum Sentences

Another significant difference is mandatory sentencing. Conviction for drug trafficking in North Carolina results in a mandatory minimum prison sentence that cannot be reduced by the judge, even in cases with strong mitigating factors.

Long-Term Consequences

Aside from incarceration, being convicted of trafficking instead of possession brings consequences that can last a lifetime. Any felony conviction as serious as trafficking, will show up on your criminal record, making job searching far more difficult than if you were just convicted for simple possession. 

You can lose your right to possess firearms. Also, you could face major immigration troubles, up to and including deportation or denial of future visas if you’re convicted of trafficking. Possession can bring immigration issues as well, but trafficking is going to be treated more harshly. 

Regardless of the charge you’re facing, any drug offense can bring serious penalties and long-term consequences. You should always speak with a criminal defense lawyer as soon as possible. Call us today to schedule a free consultation.