Possession of a Controlled Substance

Possession of a controlled substance under North Carolina General Statute 90-95(a)(3) occurs when a person (1) knowingly (2) possesses (3) a controlled substance. Possession can be either actual or constructive.

Punishment for possession of a controlled substance varies depending upon the category of the drug. For a Schedule I substance, the crime is a class I felony with a maximum punishment under the law of 24 months incarceration. For a Schedule II, III, or IV substance, the crime is a class I felony with a maximum punishment under the law of 24 months incarceration if the amount possessed is more than 100 tablets, capsules, dosage units or equivalent quantity, more than four tablets, capsules, or dosage units of hydromorphone, or any amount of methamphetamine, amphetamine phencyclidine, cocaine and any salt isomer. Otherwise, possession of a Schedule II, III or IV substance is a class 1 misdemeanor with a maximum punishment under the law of 120 days incarceration and a discretionary fine not limited by statute. For a Schedule V substance, the crime is a class 2 misdemeanor with a maximum punishment under the law of 60 days incarceration and a maximum of $1,000 fine. For a Schedule VI substance, except under limited circumstances, the crime is either a class 1 or 3 misdemeanor with a maximum punishment under the law of 120 days incarceration and a discretionary fine not limited by statute or 20 days incarceration and a maximum fine of $200 respectively.