Trafficking

Trafficking of a controlled substance under North Carolina General Statute 90-95(h)(1) and (i) occurs when a person (1) knowingly (2) manufactures, sells, delivers, transports, or possesses or conspires to manufacture, sell, deliver, transport or possess (3) a controlled substance (4) to another person (if the person sells or delivers) and (5) the quantity qualifies for the specific amount under the statute. Each controlled substance has a different qualifying amount to trigger the crime of trafficking.

Punishment for trafficking of a controlled substance varies depending on the particular substance and the specific quantity manufactured, sold, delivered, transported or possessed. If convicted, trafficking statutes in North Carolina mandate a minimum and maximum term of incarceration and minimum fine. For example, trafficking of more than 400 grams of cocaine is punished as a class D felony with a mandatory minimum imprisonment of 175 months, a mandatory maximum imprisonment of 219 months, and a mandatory minimum fine of $250,000.