Drug Trafficking

Drug trafficking is one of the most serious drug-related offenses in North Carolina, carrying harsh penalties that can include significant prison time and hefty fines. Under North Carolina law, drug trafficking encompasses not only the sale and distribution of controlled substances but also the possession and transportation of large quantities of drugs. This comprehensive guide explains the legal definitions, penalties, and potential defense strategies for drug trafficking by possession and transportation in North Carolina, helping you understand the implications of these charges.

What is Drug Trafficking by Possession in North Carolina?

Under North Carolina General Statutes § 90-95(h), drug trafficking by possession occurs when an individual knowingly possesses a controlled substance in quantities exceeding the statutory thresholds. The specific amount required to qualify as trafficking depends on the drug involved. For example:

  • Cocaine: 28 grams or more.
  • Heroin or Fentanyl: 4 grams or more.
  • Marijuana: 10 pounds or more.
  • Methamphetamine: 28 grams or more.

Possession in this context does not require intent to sell or distribute. Simply having the drug in your control—whether on your person, in your vehicle, or stored elsewhere—can lead to a trafficking charge if the quantity meets or exceeds the threshold.

Drug Trafficking by Transportation in North Carolina

Transportation of controlled substances is another way individuals may face trafficking charges. Transportation involves moving drugs from one location to another, regardless of whether the distance is short or long. For instance, driving across town with a controlled substance in quantities that exceed the trafficking thresholds can result in this charge.

The prosecution must prove that the accused knowingly transported the drugs and that the quantity met the legal requirement for trafficking. Intent to sell or distribute is not necessary to sustain a transportation trafficking charge, though it can lead to additional charges.

Penalties for Drug Trafficking in North Carolina

Drug trafficking by possession or transportation is a felony offense, with penalties determined by the type and quantity of the substance. These penalties are severe and include mandatory minimum prison sentences:

  • Cocaine Trafficking
    • 28-199 grams: 35-51 months imprisonment and a $50,000 fine.
    • 200-399 grams: 70-93 months imprisonment and a $100,000 fine.
    • 400+ grams: 175-222 months imprisonment and a $250,000 fine.
  • Heroin or Fentanyl Trafficking
    • 4-13 grams: 70-93 months imprisonment and a $50,000 fine.
    • 14-27 grams: 90-120 months imprisonment and a $100,000 fine.
    • 28+ grams: 225-282 months imprisonment and a $500,000 fine.
  • Marijuana Trafficking
    • 10-49 pounds: 25-39 months imprisonment and a $5,000 fine.
    • 50-1,999 pounds: 35-51 months imprisonment and a $25,000 fine.
    • 2,000+ pounds: 175-222 months imprisonment and a $200,000 fine.

These harsh penalties highlight the importance of taking drug trafficking charges seriously.

Defending Against Drug Trafficking Charges

Facing drug trafficking charges can be overwhelming, but there are several defense strategies that an experienced attorney can employ:

  1. Lack of Knowledge: The prosecution must prove that the defendant knowingly possessed or transported the drugs. If the defendant was unaware of the drugs’ presence, this defense may apply.
  2. Insufficient Quantity: If the amount of the substance does not meet the statutory threshold for trafficking, the charge may be reduced to a lesser offense.
  3. Illegal Search and Seizure: If law enforcement obtained evidence through an unlawful search or seizure, the evidence may be suppressed, weakening the prosecution’s case.
  4. Entrapment: In some cases, individuals are coerced or pressured into transporting or possessing drugs by law enforcement or third parties.

An experienced criminal defense attorney can evaluate the details of the case and craft a tailored strategy to protect the defendant’s rights.

The Importance of Legal Representation

Drug trafficking cases are complex, involving high stakes and aggressive prosecution. Having skilled legal representation is critical to navigating the legal process and securing the best possible outcome. An experienced attorney will analyze the evidence, challenge procedural errors, and negotiate with prosecutors when necessary.

Conclusion: Take Action Today

If you or someone you know is facing charges for drug trafficking by possession or transportation in North Carolina, immediate legal action is essential. These charges carry severe penalties, but with the right defense, it is possible to challenge the accusations and minimize the consequences. Consult with Doermann Edwards today at 336-314-3749 or via our contact portal by clicking here to explore your options and safeguard your future.

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