North Carolina Drug Trafficking Charges: What You Need to Know

For offenses after September 1, 2009, the weight includes the total powder or liquid mixture, not just the pure drug content.

Yes, each act supports a trafficking charge independently. You do not have to be caught selling drugs to be charged.

The prosecution must prove:

1. The act: That you sold, delivered, transported, or manufactured the drug
2. The substance: That it was one listed under 90-95(h)
3. The weight: That it met or exceeded the statutory threshold

Prosecutors must show that you knew you were handling a controlled substance. However, they do not have to prove that you knew the exact weight.

A person can be convicted of trafficking even if they did not realize the substance weighed enough to qualify under the law.

Selling 29 grams of a mixture that contains only 5.5 grams of cocaine qualifies as trafficking in cocaine.

Possessing 13.2 grams of a powder that is 30% pure heroin qualifies as trafficking because the full weight is over 4 grams.

Whether you are caught selling drugs, delivering to another person, or transporting them in a vehicle, the total weight of the substance controls the charge.

If the substance weighs less than the statutory threshold, trafficking does not apply. Testing and lab analysis may be central to your defense.

North Carolina law does not require the State to prove that you knew the exact weight of the substance. However, to be convicted of trafficking, the State must still show that you knowingly possessed or transported a controlled substance. A limited defense may arise if you genuinely did not know that the substance was in your possession at all. For example, if someone else placed the item in your bag, car, or home without your knowledge, and you had no reason to be aware of it, the element of knowing possession may be challenged. This defense is rare and fact-dependent, requiring strong corroborating evidence.

Someone charged with possessing marijuana may expect a misdemeanor if they believe it's for personal use. But in North Carolina, possession of more than 10 pounds can lead to trafficking charges, even without evidence of intent to sell. That threshold is based on weight alone. While some cases may be negotiated below the trafficking level, the consequences depend heavily on the specific facts and how the case is handled in court. It's important to consult a criminal defense lawyer to understand what options may be available. Learn more about how simple possession of marijuana in North Carolina is charged and how it differs from felony-level trafficking cases.

Drug trafficking charges in North Carolina carry mandatory prison time. Sentences are determined by substance and weight, not by the defendant's criminal record.

• 10 to 49 pounds: Class H felony, 25 to 39 months in prison, $5,000 fine
• 50 to 1,999 pounds: Class G felony, 35 to 51 months, $25,000 fine
• 2,000 to 9,999 pounds: Class F felony, 70 to 93 months, $50,000 fine
• 10,000 pounds or more: Class D felony, 175 to 222 months, $200,000 fine

The defendant’s prior record level (PRL) does not affect sentencing. Active prison time is mandatory.

Even if you have never been in trouble before, you will face an active sentence if convicted of drug trafficking in North Carolina.

Trafficking charges range from Class H to Class C felonies depending on the drug and amount. Class C is the most severe, often involving large quantities or highly dangerous substances.

Each controlled substance has its own threshold and associated penalty. The statute outlines mandatory fines and prison terms.

Because trafficking is considered a threat to public safety, the law imposes harsher penalties than for simple possession or PWISD.

Judges have no discretion to impose probation in trafficking cases. These offenses mandate active time.

While trafficking offenses carry mandatory minimum sentences under the statute, there are limited circumstances where negotiations may affect the outcome. These charges are not eligible for deferred prosecution or suspended sentences in the traditional sense, but legal strategies sometimes exist depending on the specific substance, weight, and overall posture of the case. Every matter should be reviewed carefully to determine what, if any, relief is possible.

Trafficking convictions mean years in prison, thousands in fines, and a permanent felony record. These cases are not minor drug charges.

A defense attorney will analyze lab reports, weight calculations, search procedures, and your knowledge of the substance. They may also identify constitutional or evidentiary issues.

If you have been charged in Mecklenburg County or anywhere in the Charlotte region, contact a defense lawyer immediately. Prompt legal guidance can preserve defenses and mitigate consequences.

• Possession of a Controlled Substance on Jail or Prison Premises
• Trafficking in Marijuana in North Carolina
• Possession with Intent to Manufacture, Sell, or Deliver (PWISD)
• Feloniously Dispensing a Controlled Substance
• Felony and Misdemeanor Drug Possession Charges
• Possession of Immediate Precursor Chemicals

The following resources provide additional context on felony and misdemeanor drug charges in North Carolina, including sentencing consequences and related offenses.

• Possession with Intent to Sell or Deliver (PWISD) in NC
• Felony Drug Charges in North Carolina
• Simple Possession of Marijuana in NC
• Counterfeit Controlled Substances
• What Happens After a Felony Conviction in NC

Call or text Powers Law Firm at 704-342-4357 to schedule a confidential consultation. We represent clients charged with felony drug trafficking in Charlotte and throughout the surrounding metro counties: Mecklenburg, Union, Gaston, Iredell, and Lincoln.

• North Carolina Criminal Law Chapter 90-95: Possession of a Controlled Substance With Intent to Manufacture, Sell or Deliver
• North Carolina Drug Laws: Felony Drug Charges and Misdemeanor Drug Possession Charges
• North Carolina Criminal Law 90-95(a)(2): Creating a Counterfeit Controlled Substance
• What is Simple Possess Sch VI CS M in North Carolina?
• What Happens When Convicted of a Felony?