In North Carolina, Cocaine is classified as a Schedule II Controlled Substance under N.C. Gen. Stat. § 90-90(1)(d).  There are various crimes that an individual can be charged with in Durham, North Carolina involving the drug of Cocaine. The crimes listed below are the most common cocaine crimes charged in NC. 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 Cocaine

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 cocaine be found on the person charge so long as the person can be seen to have control over the area where the cocaine is found)
3. Cocaine

Punishment

The possession of Cocaine in North Carolina is considered a Class 1 felony under N.C. Gen. Stat. § 90-95(d)(2).

Sale or Delivery of Cocaine

Elements

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

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

Punishments

The sale of Cocaine 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 Cocaine

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. Cocaine

Punishment

The manufacturing of Cocaine in North Carolina is considered a Class H felony under N.C. Gen. Stat. § 90-95(b)(1).

Possession of Cocaine 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. Cocaine
4. With the intent to manufacture, sell, or deliver it

Punishment

Possession of Cocaine with intent to manufacture, sell, or deliver is considered a Class H felony under N.C. Gen. Stat. § 90-95(b)(1).

Trafficking in Cocaine

Elements

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

1. Knowingly
   (a) sell, manufacture, deliver, transport, or possess; or
   (b) conspire to sell, manufacture, deliver, transport, or possess;
2. Cocaine or any mixture containing cocaine
3. To another person (if the person sells or delivers), and
4. The quantity of cocaine or mixture containing cocaine 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 Cocaine in North Carolina is determined by the quantity of Cocaine 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 G felony under N.C. Gen. Stat. § 90-95(h)(3)(a). A Class G Felony carries a minimum sentence of 35 months and a maximum sentence of 51 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 F felony under N.C. Gen. Stat. § 90-95(h)(3)(b). 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 $100,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 400 grams or more, they are guilty of a Class D felony under N.C. Gen. Stat. § 90-95(h)(3)(c). A Class D Felony carries a minimum sentence of 175 months and maximum sentence of 222 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. Cocaine

Punishment

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

If you’ve been charged with any of these crimes in Durham, North Carolina, please reach out immediately to Minick Law’s Durham criminal defense attorney, Navi Sandhu.