The main kinds of drug charges
- Possession. Having a controlled substance for your own use. Some possession charges are misdemeanors and some are felonies, depending on the drug and the amount.
- Possession with intent to sell or deliver. The State claims you planned to sell or pass the drugs to someone else. This is a felony.
- Sale or delivery. Actually selling or handing over a drug, even without money.
- Trafficking. Based mainly on weight. Trafficking carries required prison time set by law.
- Related charges. Drug paraphernalia, maintaining a home or car for drugs, and prescription fraud.
What we look at first
We investigate rather than process. In a drug case, that starts with a few key questions.
- The stop and the search. Did the officer have a lawful reason to stop you, enter the home, or search the car? Evidence from an unlawful search may be kept out of court.
- Possession. Being near drugs is not the same as possessing them. The State must connect the drugs to you.
- The lab. The State usually must prove what the substance is through testing, not a guess.
- Weight and packaging. These can change the charge from possession to intent to sell, or to trafficking.
First-time charges and keeping a clean record
North Carolina law offers some people charged with a first drug possession offense a path to a dismissal, called conditional discharge. It usually involves a period of probation and conditions such as drug education. If you complete it, the charge is dismissed, and you may be able to clear the record later. Our Drug Possession page explains how this works.
Effects beyond the sentence
A drug conviction can matter long after the case ends. It can show up on background checks for jobs and apartments. It can affect professional licenses, student financial aid, and the right to own a gun if the charge is a felony. For people who are not U.S. citizens, even a minor drug conviction can have serious immigration effects. Tell your lawyer right away if this applies to you.
A drug conviction can also make a later charge more serious. That is why we look at the whole picture, not just the charge in front of you, before you make any decision. We tell clients the hard truth about each option and what it means for the years ahead.
Request a consultation and bring your citation or warrant and your court date. We explain our fee in writing before you hire us. Hablamos español.
State and federal drug cases
Most drug cases in Guilford County are state cases. Some large cases, especially those involving many people or drugs moving across state lines, are charged in federal court. Attorney Huggins practices in both, including the Middle District of North Carolina. Federal cases follow their own sentencing rules, and early decisions matter.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is marijuana legal in North Carolina?
No. Recreational marijuana is still illegal in North Carolina, and possession can be charged as a crime. Hemp products can raise separate legal questions in some cases.
Can a first drug charge be dismissed in North Carolina?
Some first-time possession charges qualify for conditional discharge. If you complete the program's conditions, the charge is dismissed. Not every charge or person qualifies, so a lawyer should review your case.
What if the drugs were not mine?
The State must prove you knowingly possessed the drugs. Being in the same car or home is not enough by itself. We look closely at what else, if anything, ties the drugs to you.
Can a drug charge affect my job or school?
Yes. A drug conviction can affect jobs, professional licenses, housing, student aid, and immigration status. These effects are part of what we discuss with you when weighing your options.