Blog Post

Drug crimes in North Carolina are taken seriously, but the state law also provides special treatment for first-time offenders.

The North Carolina Controlled Substances Act defines three main drug-related offenses:

• simple possession of a controlled substance (a misdemeanor or felony, depending on the drug)
• possession with intent to sell or distribute (a felony)
• possession of drug paraphernalia (always a misdemeanor)

Each charge carries different penalties under state law. For a first offense, a variety of diversion and deferred-judgment options often apply, and local courts may offer treatment programs or alternative courts.

Types of Drug Offenses in NC

Possession of a controlled substance:

Under N.C. Gen. Stat. § 90-95(a)(3), it is illegal "to possess a controlled substance" except as authorized by law. The penalty depends on the drug's schedule designation (drugs like heroin are Schedule I, lesser drugs are Schedule II–VI). For example, possession of any Schedule I drug is a Class I felony, whereas possession of a small amount of marijuana (Schedule VI) is a Class 3 misdemeanor. Schedule VI drugs generally yield only fines or probation, with jail time suspended. Amount thresholds can elevate the charge – e.g. more than ½ oz of marijuana can raise a misdemeanor to a felony.

Possession with intent / distribution:

It is also illegal "to manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance." In practice this covers selling, offering to sell, or if it appears to police that you intend to sell any illegal drug. Penalties are much harsher: even small-quantity sales of Schedule I–II drugs are felonies (Class H or G). and selling to a minor or near a school carries increased punishment. Convictions for distribution can mean active prison time even for first offenders. In short, being charged with intent to distribute generally means a more serious felony case than simple possession.

Drug paraphernalia:

North Carolina law (G.S. 90-113.22) makes it illegal to "knowingly use, or to possess with intent to use, drug paraphernalia" – defined as any equipment primarily intended for drug production, use, storage, or concealment. For example, possessing pipes, bongs, scales, baggies, or syringes (not used medically) can be charged under this statute. A paraphernalia violation is always a Class 1 misdemeanor, the most serious misdemeanor level. (That carries up to 120 days in jail and a fine up to $1,000 under NC law.) Even if no drugs are found, having paraphernalia with intent to use can trigger the charge.

Consequences for Adult First Offenders

After arrest for a drug charge in North Carolina, the criminal court process begins. Defendants will see a magistrate or judge shortly after arrest for an Initial Appearance (often in District Court) to set bond and advise rights. If charged with a felony, there may be a Probable Cause Hearing or the case may be indicted to superior court by the grand jury. Misdemeanor drug cases stay in District Court, while felonies typically go to Superior Court for trial if not resolved earlier.

At any point before verdict, the defendant may enter a guilty plea or negotiate a plea deal (for example, pleading to a lesser charge or recommended sentence). If the case goes to trial and results in a conviction, sentencing can range from probation to months or years in prison, depending on the offense class.

If the defendant has no prior felony or drug convictions and pleads guilty or is found guilty of simple drug possession or a paraphernalia offense, the court "shall" defer entry of judgment and place the person on probation under a conditional discharge.

In practice, this means the judge does not enter a conviction; instead the defendant is put on probation (typically 1–2 years) with conditions. Common conditions include drug education or treatment programs. The judge may also impose fines or other reasonable conditions. If the defendant completes probation and any program successfully, the court "shall discharge the person and dismiss the proceedings" with no adjudication of guilt. This dismissal is not treated as a criminal conviction, and additional penalties for second offenses do not apply.

If the defendant violates probation or fails the program, the court enters the original conviction and sentences as usual. Notably, the conditional discharge under G.S. 90-96 applies only once per person. But in most first-time offenders' cases, the law mandates giving the defendant this second chance.

Without a conditional discharge, a first-time simple possession misdemeanor would normally carry a fine or short jail; more serious felonies could mean significant prison time. By contrast, first-time possession defendants almost always end up on probation and avoid jail if they comply.

Consequences for Juveniles

Juveniles (under 18) are handled in juvenile court, which focuses on rehabilitation. A juvenile charged with a drug misdemeanor may enter a diversion program (community service, counseling, etc.) instead of formal court, especially if it's a first offense and minor non-violent conduct.

If diverted, the case is closed with no record; if the juvenile fails to complete diversion, a formal petition is filed. However, felony drug offenses cannot be diverted under state law, so a juvenile with an allegation of felony distribution or large-quantity possession must go through court.

In court, a juvenile adjudication (the "trial" is called an adjudicatory hearing) is more informal than an adult trial. Juveniles have rights to counsel and a fair hearing, but records are sealed and not public. At the disposition ("sentencing") hearing, the judge imposes an individualized plan. For a drug offense, this often means probation with court-ordered counseling, drug treatment, community service, or restitution. Confinement in a juvenile detention facility is rare for a first drug offense unless aggravating factors exist.

Legal Options and Strategies

A defensive strategy for a first drug charge in North Carolina usually involves:

Seeking conditional discharge or diversion:

If eligible, request the judge and prosecutor to apply G.S. 90-96. A defense attorney will emphasize the lack of prior record and the minor amount of drugs, arguing that probation and treatment are appropriate. For juveniles, defense counsel will push for diversion or a rehabilitative disposition.

Trial:

If there are legal or factual issues with your case, your attorney may recommend going to trial.

Plea negotiation:

Often, the best outcome is a negotiated plea to probation. For example, a client charged with a felony possession might plead to a misdemeanor possession or paraphernalia charge, which under G.S. 90-96 would still be deferred if first offense. Pleading guilty to a lesser count can still allow a conditional discharge, effectively dismissing the case later.

Treatment-based alternatives:

North Carolina encourages treatment over punishment for drug offenders. Defendants can volunteer for substance-abuse treatment or education programs even before seeing a judge; judges view this favorably. Entering a Drug Treatment Court (Recovery Court) can be an option after conviction if one meets criteria. Many DAs have informal treatment diversion programs (especially for addicted defendants) that suspend prosecution while the person completes rehab.

Expunction:

Defense counsel will also explain expunction options. Under G.S. 90-96(b), if the first offender was under age 21 at the time of the offense and successfully dismisses the charge, they may apply to expunge the arrest and charge record. Thus, a successful conditional discharge can lead to a clean record.