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North Carolina Drug Possession Law

North Carolina Drug Possession Defense

What you're facing under N.C.G.S. § 90-95(a)(3); § 90-95(d), how the penalties scale, and the questions your attorney needs to answer, specific to North Carolina (NC) law.

Offense Class

Class I Felony (Schedule I-II); Class 1 Misdemeanor (Schedule III-VI under threshold)

Maximum Penalty

24 months (Class I felony); 120 days (Class 1 misdemeanor)

Maximum Fine

Penalty Range in North Carolina

StatuteN.C.G.S. § 90-95(a)(3); § 90-95(d) — Possession of Controlled Substance
Minimum Penalty
Maximum Penalty24 months (Class I felony); 120 days (Class 1 misdemeanor)
Maximum Fine

Charge Enhancements

These factors can elevate the charge or penalty in North Carolina:

  • Near school, childcare center, or public park: Class E felony enhancement
  • Large quantity: trafficking threshold under § 90-95(h)
  • Prior drug felony: elevated class

North Carolina-Specific Detail

Marijuana possession of 0.5 oz or less is Class 3 misdemeanor. Over 0.5 oz: Class 1 misdemeanor. Over 1.5 oz: Class I felony.

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to North Carolina defendants.

Important: This page provides legal INFORMATION about North Carolina drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.