All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. North Carolina classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal manufacture and sale of CDS only. Illegally possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in North Carolina.
Also, while marijuana is considered a CDS, this article does not cover North Carolina’s marijuana possession and sale laws. To learn more about that topic, see North Carolina Marijuana Laws.
How North Carolina Classifies CDS
North Carolina divides CDS into six “Schedules”. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, V, and VI decrease in dangerousness and probability of abuse, and increase in recognized medical uses. Schedule IV encompasses marijuana and its derivatives, and is not covered in this article.
If you’ve been arrested for illegal CDS production or sales, you’ll need to consult the North Carolina Code that lists precisely which drugs fit into each group. Go to the statute (N.C. Gen. Stat. Ann. § 90-89, -90, -91, -92, -93, & -94.) and find the substance you're charged with selling -- it will be listed under one of the six schedules.
Penalties for Making or Selling CDS
It is illegal in North Carolina to make or sell CDS (or possess CDS with the intent do these things). Penalties vary according to the level of crime committed, which is based on the type of CDS involved in the offense. (N.C. Gen. Stat. Ann. § 90-95.)
- Making a Schedule I or II CDS—class H felony
- Selling a Schedule I or II CDS—class G felony
- Making methamphetamine—class C felony
- Making a Schedule III, IV, or V CDS—class I felony
- Selling a Schedule III, IV, or V CDS—class H felony
North Carolina bases penalties on the defendant’s prior criminal record; so a class H felony, for example, may carry different fines and prison time depending on whether the defendant has prior convictions , how many, and of what type.
Trafficking CDS
“Trafficking” CDS refers to making, selling, or transporting more than specified amounts of the following CDS. Penalties vary according to amount trafficked and the defendant’s criminal record, but the ranges are listed below. (N.C. Gen. Stat. Ann. § 90-95.)
- Methaqualone—a fine of between $25,000 (for 1,000 or more dosage units) and $200,000 (for 10,000 or more dosage units), between 35 and 219 months in prison, or both.
- Cocaine—a fine of between $50,000 (for 28 grams or more) and $250,000 (for 400 grams or more), between 35 and 175 months in prison, or both.
- Methamphetamine— a fine of between $50,000 (for 28 grams or more) and $200,000 (for 400 grams or more), between 70 and 279 months in prison, or both.
- Amphetamine— a fine of between $5,000 (for 28 grams or more) and $100,000 (for 400 grams or more), between 25 and 117 months in prison, or both.
- MDPV— a fine of between $50,000 (for 28 grams or more) and $250,000 (for 400 grams or more), between 70 and 225 months in prison, or both.
- Mephedrone— a fine of between $50,000 (for 28 grams or more) and $250,000 (for 400 grams or more), between 70 and 279 months in prison, or both.
- Opium— a fine of between $50,000 (for four grams or more) and $500,000 (for 28 grams or more), between 70 and 279 months in prison, or both.
- LSD— a fine of between $25,000 (for 100 or more dosage units) and $200,000 (for 1,000 or more dosage units), between 35 and 175 months in prison, or both.
- MDA or MDMA— a fine of between $25,000 (for 100 or more tablets) and $250,000 (for 1,000 or more tablets), between 70 and 279 months in prison, or both.
Talk to an Attorney
CDS manufacture or sale convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
