A Guide to North Carolina’s Controlled Substance Laws and Possession Penalties

Understanding NC’s scheduling system provides valuable insight into why prosecutors may come at people harder for some substances over others.

Have you ever wondered why getting caught with a small amount of marijuana leads to a misdemeanor charge, but the same quantity of heroin could mean a felony time behind bars? North Carolina’s complex controlled substance laws hold the answer. The state categorizes drugs into various schedules, with more dangerous substances receiving harsher penalties.  Keep reading to learn more about the drug schedules under North Carolina Law and penalties for possession offenses. 

Controlled Drug Classification

All controlled substances regulated under state law are categorized into one of the six classification schedules. Following is a description of the drug schedules described by the North Carolina Controlled Substances Act.

• Schedule Ⅰ contains the most dangerous substances that have no recognized medical use and have a high potential for abuse. This includes drugs like heroin, LSD, and Thebacon.  
• Schedule Ⅱ controlled substances have a high potential for abuse, which may also lead to severe psychological or physical dependence. However, they have either accepted medical usage or usage with severe restrictions. Examples include cocaine, methadone, fentanyl, and oxycodone. 
• Schedule Ⅲ contains controlled substances with lesser abuse potential than Schedule Ⅰ and Ⅱ and have accepted medical uses. Their abuse can lead to moderate to low physical dependence but have a high psychological dependence. This schedule includes drugs like ketamine, nalorphine, buprenorphine, and anabolic steroids.
• Schedule Ⅳ controlled substances have accepted medical use and lower abuse risk and dependency potential than Schedule Ⅲ. Some examples include alprazolam, clonazepam, clorazepate and diazepam. 
• Schedule Ⅴ controlled substances have accepted medical use and lower abuse risk and dependency potential than schedule Ⅳ. They may be distributed directly by a registered pharmacist for a medical purpose by prescription or without a prescription to a person at least 18 years old. 
• Schedule Ⅵ has substances that have no accepted medical use but have a low abuse potential. It includes marijuana and synthetic cannabinoids. 

Possession Penalties

Drug possession charges can negatively impact many aspects of your life for many years to come, such as limiting employment and housing opportunities. Consulting with an experienced drug defense attorney is strongly recommended while deciding how to plead or defend your case.

• The maximum penalty for possessing a Schedule Ⅰ is five years of jail time and/or a fine. It is a felony. 
• Generally, possessing a Schedule Ⅱ substance results in a maximum penalty of two years of jail time and/or a $2,000 fine. It is a misdemeanor. However, exceptions exist where possession of higher quantities is charged as a felony carrying a stiffer penalty of five years in prison and/or a fine.   
• Possession of less than 100 units of Schedule Ⅲ controlled substance is a misdemeanor with a maximum penalty of two years of jail time and/or a fine. Possession of more than 100 units is a felony that results in five years of imprisonment and/or a fine.
• The maximum penalty for Schedule Ⅳ controlled substances is the same as schedule Ⅲ controlled substances. 
• Possessing a Schedule Ⅴ substance is a misdemeanor with a maximum penalty of six months of imprisonment and/or a fine. 
• Possession of less quality (over 0.5 ounces) of marijuana is a misdemeanor, which has a maximum penalty of 20 days of jail time and a $200 fine. However, larger quantities are classified as felonies with greater jail time and fines. 

Endnote

Understanding NC’s scheduling system provides valuable insight into why prosecutors may come at people harder for some substances over others. The bottom line is avoiding illegal activities to steer clear of the justice system.