Methamphetamine possession charges can arise in two distinct situations under North Carolina law. The first and most straightforward scenario involves actual possession, where law enforcement officers find the substance directly on your person, such as in a pocket or personal bag.
The second situation, known as constructive possession, occurs when the drugs are found within your property or reach, even if not on your physical person. Constructive possession cases can be more detailed. They often involve situations where multiple people might have had access to the drugs, such as in shared living spaces or vehicles.
If you're facing charges for meth possession, it's crucial to seek the expertise of a skilled drug crimes attorney in Morehead City, North Carolina.
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A Schedule II Controlled Substance
Methamphetamine represents a Schedule II controlled substance under federal and most state regulations. Schedule II is the second-most restricted group of medications, just below Schedule I narcotics like heroin, which have no approved medical value.
Types of Methamphetamine-Related Charges
Charges can involve simple possession or possession with intent to manufacture, sell, or deliver, referred to as PWIMSD.
Simple Possession
Lawmakers treat simple possession of any amount of methamphetamine as a Class I felony in North Carolina. Unlike other controlled substances, even a small quantity can cause serious legal consequences.
Manufacturing Meth
Manufacturing methamphetamine carries particularly severe penalties, classified as a Class C felony. This enhanced severity reflects the extreme dangers associated with meth production facilities, including the risk of deadly explosions and severe health hazards to both producers and nearby residents. The law treats actual methamphetamine production more seriously than related activities such as packaging or labeling.
PWIMSD
A separate offense category involves possession intending to manufacture, sell, or deliver (PWIMSD). When this charge involves packaging or repackaging methamphetamine or labeling related containers, it constitutes a Class H felony. This felony represents an intermediate severity level between simple possession and manufacturing charges.
Drug Trafficking
Trafficking charges represent the most serious methamphetamine-related offenses in North Carolina. The law establishes three levels of trafficking based on the quantity of methamphetamine involved.
- Quantities between 28 and 200 grams constitute Level One trafficking, a Class F felony carrying 70 to 93 months in prison and minimum fines of $50,000.
- Level Two trafficking involves tracking quantities between 200 and 400 grams. It is a Class E felony, punishable by 90 to 120 months imprisonment and a minimum fine of $100,000.
- The most serious category, Level Three trafficking, applies to cases involving over 400 grams. This Class C felony carries 225 to 282 months in prison and a minimum fine of $250,000.
All these offenses can lead to lengthy jail sentences and excessive fines.
Additional Related Offenses
North Carolina law also addresses maintaining properties used for drug-related activities. Under NCGS 90-108(a)(7), knowingly maintaining any location for storing, selling, or using controlled substances can trigger criminal charges.
This law applies to many properties, including homes, vehicles, boats, and aircraft. The basic offense is a Class One misdemeanor, which can become a Class I felony if the property is fortified to prevent law enforcement access.
Sentencing Considerations and Legal Defense
Drug defense attorneys often start by meticulously investigating how law enforcement obtained the evidence. In meth possession cases, this frequently begins with determining whether the police had reasonable reasons for the first stop, search, or seizure.
Improper Searches
If authorities lacked probable cause or conducted an improper search, such as searching a car without authorization, a drug defense lawyer may file a request to suppress the evidence. If successful, this action can dismiss the entire case. Prosecutors can’t use unlawfully obtained evidence.
Chain of Custody Issues
A defense attorney will investigate how law enforcement collected, documented, and delivered the substance to the lab and tested and tested it. Any interruptions in this chain of custody can raise questions about the credibility of the evidence.
Defendant’s Knowledge
In constructive possession instances, where the police discovered drugs in a standard location rather than on the defendant’s person, defense attorneys frequently contest the defendant's knowledge. For example, if the police found meth in a shared apartment's common area, the lawyer might claim that a roommate may have put it there without the defendant's knowledge.
Lab Testing
Laboratory testing is another defense option. An experienced lawyer will review the crime lab's processes, equipment calibration records, and the qualifications of the analysts who tested the material. They may also request independent testing of samples. When carefully tested in a laboratory, chemicals that technicians initially detect as methamphetamine in field tests may turn out to be lawful compounds.
Witness Credibility
In cases involving suspected sales or trafficking, defense attorneys frequently question the integrity and motivations of confidential informants or undercover officers. These trials usually rely on testimony from people with criminal records or earned incentives for cooperating with law enforcement. A qualified defense attorney will examine these witnesses' histories and potential prejudices.
Mitigating Circumstances
When a total dismissal is not attainable, defense counsel focuses on sentencing mitigation. They might show that addiction, rather than profit, motivated the crime. Therefore, they might advocate for treatment-based alternatives to incarceration. North Carolina's drug treatment courts, which are accessible in some areas, provide supervised treatment programs that can assist clients escape standard criminal punishments.
Plea Bargaining
Defense counsel also negotiates plea bargains, which can result in dramatically reduced sentences. They may, for example, negotiate a reduction in trafficking charges to simple possession or arrange for deferred prosecution agreements. Courts grant deferred adjudication to defendants who complete drug treatment programs and perform community service.
Conditional Discharge
Lawyers may pursue conditional discharge programs for first-time offenders under NCGS § 90-96. These programs allow the court to drop charges after the client completes probation and treatment conditions. Even if such programs are unavailable, lawyers can provide mitigating information about the client's character, work, family duties, and rehabilitation progress.
Technical Defenses
Technical defenses can also be significant. Even slight procedural errors can result in charges being dismissed or significantly reduced.
Given the complications and potential consequences of drug charges, early representation by a skilled drug defense attorney is essential. Each case is unique, and a knowledgeable attorney can identify and leverage the most promising defense strategies for their client's situation.
Speak to a Meth Drug Defense Attorney
If the police charge you with meth possession or another meth charge, you need the legal help of a drug defense lawyer. The stakes are too high to bypass legal representation. Contact a criminal defense lawyer immediately.