Sale or Delivery of a Controlled Substance

Sale or delivery of a controlled substance under North Carolina General Statute 90-95(a)(1) occurs when a person (1) knowingly (2) sells or delivers (3) a controlled substance (4) to another person. “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 sale or delivery of a controlled substance varies depending upon the category of the drug. For the sale of a Schedule I or II substance, the crime is a class G felony with a maximum punishment under the law of 47 months incarceration. For the delivery of a Schedule I or II substance, the crime is a class H felony with a maximum punishment under the law of 39 months incarceration. For the sale or delivery of a Schedule III, IV, V, or VI substance, the crime is a class H felony with a maximum punishment under the law of 39 months incarceration.