At what point does possession with intent to distribute a controlled substance become drug trafficking? If a person possesses a certain amount of a drug, it is presumed the person is trafficking the substance. Drug trafficking convictions carry significantly higher prison sentences than possession with intent to sell or distribute does. The State of North Carolina holds the burden to prove the drugs are what the State claims they are, and that the drugs meet a certain weight threshold to qualify as trafficking.
The following drug weights meet the trafficking level:
- Marijuana: 10 pounds
- Synthetic Cannaboid: 50 dosage units
- Methaqualone: 1,000 dosage units
- Cocaine: 28 grams
- Methamphetamine: 28 grams
- Amphetamine: 28 grams
- MDPV: 28 grams
- Mephedrone: 28 grams
- Opium, Opiates, Heroin: 4 grams
- LSD: 100 dosage units
- MDMA: 100 dosage units or 28 grams
Possession with intent to sell and or deliver charges do not require a certain drug weight, but rather simply require more than one dosage unit in most cases. Basically, the court will look at if the drug is for personal use or if it’s possible the defendant intended to sell the controlled substance or provide it to someone else. PWISD carries a much lighter sentence than trafficking.
If you are charged with PWISD, drug trafficking, or any drug possession in Wake County, contact Pruden Feldmann Law at (919) 747-3244. We have handled numerous drug cases and can help you through your charge.