The Criminal Defense Team of Hatch, Little & Bunn handles all North Carolina drug related charges.
Drug sales, or the sale of controlled substances, are codified under chapter 90 of the North Carolina General Statutes. There are six classes of controlled substances, containing more than 100 individual controlled substances that are unlawful to sell or deliver. Any unlawful sale of a controlled substance is a felony offense. These substances commonly include marijuana, cocaine, heroin, LSD, MDMA, prescription drugs, and methamphetamine, among others.
Law enforcement may use undercover agents, confidential informants, body cams, body microphones, surveillance vehicles, trash pulls, and wire taps to attempt to prove that the sale of drugs occurred. These tactics are familiar to the Criminal Defense Team of Hatch, Little & Bunn, and we can help. These charges are manageable. Let us protect you and your record.
Generally, the sale of a controlled substance may be a class H or class G felony. The sale of controlled substances in schedules III, IV, V and VI are class H felonies. The sale of substances schedules I and II are class G felonies. The sale of any counterfeit controlled substance is a class I felony. North Carolina General Statute 90-95 codifies these punishments. The same statute also enhances the penalty for selling controlled substances under the following circumstances:
- It is a class D felony for any person over the age of 18 to unlawfully sell or deliver a controlled substance to a person who under is 16 years old, but more than 13 years of age. Mistake of age is not a defense to this enhancement.
- It is a class C felony for any person over the age of 18 to unlawfully sell or deliver a controlled substance to a person who is under 13 years of age. Mistake of age is not a defense to this enhancement.
- It is a class D felony for any person over the age of 18 to unlawfully sell or deliver a controlled substance to a pregnant female. Per North Carolina General Statute 90-95(e)(5), it is not a defense that the defendant did not know that the recipient was pregnant.
- It is a class E felony for any person over the age of 21 to unlawfully sell or deliver a controlled substance within 1,000 feet of a day care, elementary school, secondary school, or public park.
Possession, sale and transport of large quantities of controlled substances may also be punished under law pertaining to trafficking. Click here for more information on trafficking.
It may be surprising, but the State of North Carolina requires dealers of unlawful controlled substances to pay state taxes on those drugs. The North Carolina General Assembly has imposed an excise tax to be levied on controlled substances possessed, either actually or constructively, by dealers. The rates may be found in North Carolina General Statute 105-113.107.
The tax for marijuana depends on the portion of the plant possessed. A rate of forty cents ($0.40) is assessed for each gram, or fraction of a gram, of harvested stems and stalks that have been separated from and are not mixed with any other parts of the plant. That rate jumps to $3.50 for each gram, or fraction of a gram, of the remaining portions of the plant.
The State assesses a tax of $50.00 for each gram, or fraction thereof, of cocaine, or any low-street-value drug that is sold by weight. Additional information on tax rates for other drugs, or obtaining revenue stamps, may be obtained by contacting the legal defense team of Hatch, Little & Bunn, LLP.
Contact experienced Raleigh drug crime defense lawyers for a free initial consultation
The Criminal Defense Team of Hatch, Little & Bunn. LLP represents defendants throughout North Carolina in prosecutions arising from alleged drug possession, sale or manufacture. Please call 919-714-4306 or contact us online to schedule a free initial consultation at our Raleigh office.