What Are the Mandatory Prison Sentences for a Drug Trafficking Charge in North Carolina?

The Most Serious Drug Charge: What is Trafficking in NC?

There are drug charges, and then there is trafficking. In North Carolina, a trafficking charge is in a category all by itself. It is one of the most serious felonies you can face. A conviction means you are going to prison for a very long time. There is no probation. There is no plea bargain to a lesser charge. The sentences are mandatory.

If you or a loved one has been charged with drug trafficking in Greensboro, Winston-Salem, or anywhere in the Piedmont Triad, you are facing a fight for your life. The state will bring all of its resources to bear against you. You need a team of drug crime lawyers who are just as tough, just as experienced, and just as determined.

For decades, the team at the Huggins Law Firm has been defending people against these high-stakes charges. We know the law, we know the science, and we know how to fight. This guide is here to give you the hard truth about what you’re facing.

It’s All About the Weight: The Trafficking Thresholds

Here is the most important and most misunderstood thing about a trafficking charge in North Carolina. The charge has nothing to do with selling drugs. The state does not have to prove you were a drug dealer. They don’t have to prove you sold anything to anyone.

A trafficking charge is based on one thing only: the weight of the controlled substance you are accused of possessing.

Under the law (N.C.G.S. § 90-95(h)), if you knowingly possess more than a certain amount of a drug, you are automatically considered a “trafficker,” even if the entire amount was for your own personal use.

Here are some of the most common trafficking thresholds:

As you can see, for drugs like heroin, fentanyl, and prescription opioids, the weight threshold is incredibly small. A handful of pills can trigger a trafficking charge.

“Level I, II, and III”: The Mandatory Prison Sentences

This is where the law gets brutal. For each drug, the trafficking statute sets out three levels of punishment based on the weight. Each level has a mandatory minimum prison sentence and a massive fine. A judge has no discretion to give you a lower sentence.

Let’s use cocaine as an example:

• Level I Trafficking (28 – 199 grams):
  • Mandatory prison sentence of 35 to 51 months.
  • Mandatory fine of $50,000.
• Level II Trafficking (200 – 399 grams):
  • Mandatory prison sentence of 70 to 93 months.
  • Mandatory fine of $100,000.
• Level III Trafficking (400 grams or more):
  • Mandatory prison sentence of 175 to 222 months. (That’s over 14 years.)
  • Mandatory fine of $250,000.

The sentences for other drugs like heroin and meth are similar or even more severe. These are not numbers to be taken lightly. This is what you are fighting against.

A “less talked about” aspect of these cases is the federal involvement. Because our region is crossed by major interstates like I-85 and I-40, large-scale drug cases often attract the attention of federal agencies. According to the Drug Enforcement Administration (DEA), these corridors are known pipelines. If a federal agency gets involved in your case, you could be facing even more severe mandatory sentences in federal court, where the rules are completely different.

There is No Plea Bargaining: How We Fight a Trafficking Charge

For most crimes, a lawyer can negotiate with the prosecutor for a plea bargain to a lesser charge. This is not possible with a trafficking charge. The law forbids the prosecutor from letting you plead to a lesser offense like PWISD or simple possession.

This means there is only one way to win a trafficking case: you have to fight it. The goal is a dismissal or a “not guilty” verdict at trial.

Our defense strategy is aggressive and multi-pronged:

1. We Attack the Stop and the Search. Just like in a possession case, our first move is to file a Motion to Suppress the evidence based on a violation of your constitutional rights. Did the police have a legal reason to pull you over? Did they conduct an illegal search? If we can get the evidence thrown out, the state has no case.
2. We Attack the Weight. Everything comes down to the weight. Was the scale used by the State Crime Lab properly calibrated? Was the substance tested correctly? We can hire our own experts to re-weigh the substance. If we can prove the weight was even a fraction of a gram below the trafficking threshold, the mandatory sentence disappears.
3. We Attack the “Possession.” Can the state prove the drugs were yours? If you were one of several people in a car or a house, we can create reasonable doubt about who was in control of the substance.
4. We Attack the “Knowing” Element. The state has to prove you knew what you were possessing. What if you were given a package to transport and had no idea what was inside? This can be a powerful defense.

Why an Experienced Trafficking Lawyer is Your Only Hope

When you are facing a mandatory prison sentence, the stakes could not be higher. You need a drug crime lawyer with deep, specific experience fighting and winning these incredibly difficult cases.

• We Are Not Afraid of a Trial. Because these cases cannot be pled down, your lawyer must be an experienced and confident trial lawyer. We prepare every single trafficking case for a jury trial from day one.
• We Have the Resources. These cases require hiring expensive experts, like forensic chemists and private investigators. Our firm has the resources to build the strongest possible defense for you.
• We Know How to Fight. Our decades of experience in the courtrooms of Greensboro, Winston-Salem, and across the state mean we know how to challenge the state’s evidence, cross-examine their witnesses, and tell your story to a jury.

This is not a time for an inexperienced lawyer. You need a team that has been in this fight before and knows how to win. Our deep experience in criminal defense is what you can count on.

Key Takeaways for Your North Carolina Trafficking Charge

• Trafficking is Based on Weight Alone: It does not matter if the drugs were for personal use. If you possess over a certain amount, you will be charged as a trafficker.
• The Prison Sentences are Mandatory: If you are convicted, the judge has no choice but to give you a lengthy, mandatory minimum prison sentence.
• There is No Plea Bargaining to a Lesser Charge: The only way to beat a trafficking charge is to fight it and win a dismissal or a “not guilty” verdict at trial.
• The Defense is Technical: Winning a trafficking case often comes down to challenging the legality of the police search, the accuracy of the lab’s weight, or the state’s ability to prove possession.
• You Need a Trial Lawyer: Your freedom depends on having a lawyer who is not afraid to take your case all the way to a jury trial.