Possession of a Controlled Substance With the Intent to Manufacture, Sell or Deliver

Possession of a controlled substance with the intent to manufacture, sell or deliver under North Carolina General Statute 90-95(a)(1) occurs when a person (1) knowingly (2) possesses (3) a controlled substance (4) with the intent to manufacture, sell, or deliver it.

Possession can be actual or constructive. “Manufacture” includes the packaging or repackaging of the substance or labeling or relabeling of its container as well as the production, preparation, propagation, compounding, conversion or processing of a controlled substance by any means. “Sell” and “deliver” under the statute refers to the transfer for compensation (sell) or the actual or constructive transfer to another person (deliver).

Punishment for possession of a controlled substance with the intent to manufacture, sell or deliver (PWIMSD) varies depending upon the category of the drug. For a Schedule I or II substance, PWIMSD is a class H felony with a maximum punishment under the law of 39 months incarceration. For a Schedule III, IV, V, or VI substance, PWIMSD is a class I felony with a maximum punishment under the law of 24 months incarceration.