In North Carolina, Methamphetamine is classified as a Schedule II Controlled Substance

under N.C. Gen. Stat. § 90-90(3)(c). There are various crimes that an individual can be charged with regarding the drug of Methamphetamine. The crimes listed below are the most common crimes that we can help our clients with. Each crime lists the required elements that the State must prove beyond a reasonable doubt and the punishments for conviction of the crime.

Possession of Methamphetamine

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(3) if they:

1. Knowingly
2. Possess (this element does not require that methamphetamine be found on the person charge so long as the person can be seen to have control over the area where the methamphetamine is found)
3. Methamphetamine

Punishment

Possession of methamphetamine is considered a Class 1 Felony under N.C. Gen. Stat. § 90-95(d)(2).

Sale or Delivery of Methamphetamine

Elements

A person is guilty of this offense under NC Gen. Stat. § 90-95(b)(1) if they:

1. Knowingly
2. Sell or deliver (actual or constructive transfer to another)
3. Methamphetamine
4. To another

Punishments

The sale of Methamphetamine in North Carolina is considered a Class G Felony under N.C. Gen. Stat. § 90-95(b)(1). The delivery of Cocaine in North Carolina is considered a Class H Felony under N.C. Gen. Stat. § 90-95(b)(1).

Manufacturing of Methamphetamine

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

1. Knowingly
2. Manufacture (producing, preparing, processing, packaging, or labeling)
3. Methamphetamine

Punishment

The manufacture of Methamphetamine is a Class C felony under N.C. Gen. Stat § 90-95(b)(1a) unless the offense was one of the following: packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.

Possession of Methamphetamine with Intent to Manufacture, Sell, or Deliver

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

1. Knowingly
2. Possess
3. Methamphetamine
4. With the intent to manufacture, sell, or deliver it

Punishment

Possession of Methamphetamine with intent to manufacture, sell, or deliver is considered a Class C felony under N.C. Gen. Stat. § 90-95(b)(1a) unless the offense was one of the following: packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.

Trafficking in Methamphetamine

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(h)(3b) if they:

1. Knowingly
   (a) sell, manufacture, deliver, transport, or possess; or
   (b) conspire to sell, manufacture, deliver, transport, or possess;
2. Methamphetamine or any mixture containing cocaine
3. To another person (if the person sells or delivers), and
4. The quantity of methamphetamine or mixture containing methamphetamine is:
   (a) 28 grams or more, but less then 200 grams; or
   (b) 200 grams or more, but less then 400 grams; or
   (c) 400 grams or more;

Punishment

The punishment for trafficking in Methamphetamine in North Carolina is determined by the quantity of Methamphetamine the individual has at the time of arrest.

If an individual sells, manufactures, delivers, transports, or possesses in excess of 28 grams but less then 200 grams, they are guilty of a Class F felony under N.C. Gen. Stat. § 90-95(h)(3b)(a). A Class F Felony carries a minimum sentence of 70 months and a maximum sentence of 93 months in State prison and at least a $50,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 200 grams or more but less then 400 grams, they are guilty of a Class E felony under N.C. Gen. Stat. § 90-95(h)(3b)(b) A Class E Felony carries a minimum sentence of 90 months and a maximum sentence of 120 months in State prison and at least a $100,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 400 grams or more, they are guilty of a Class C felony under N.C. Gen. Stat. § 90-95(h)(3b)(c). A Class C Felony carries a minimum sentence of 225 months and maximum sentence of 282 months in State prison and at least a $250,000 fine.

Possession of Drug Paraphernalia

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-113.22(a) if they:

1. Knowingly
2. Uses or possesses with intent to use
3. Drug paraphernalia
4. For any of the following purposes
   (a) To plant, propagate, cultivate, grow, or harvest; or
   (b) To manufacture, compound, convert, produce, process or prepare; or
   (c) To test or analyze; or
   (d) To package, repackage, store contain, or conceal; or
   (e) To inject, ingest, inhale, or otherwise introduce into the body;
5. Methamphetamine

Punishment

The punishment for possession of drug paraphernalia in North Carolina is a Class I misdemeanor under N.C. Gen. Stat. § 113.22(b).