In North Carolina, Oxycodone is classified as a Schedule II Controlled Substance under N.C. Gen. Stat. § 90-90(3)(c). As such, there are various crimes that an individual can be charged with regarding the drug of Oxycodone. 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 Oxycodone

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

Punishment

Possession of Oxycodone is a Class 1 misdemeanor. If the possession of Oxycodone exceeds four tablets, capsules, or other dosage units or if the quantity exceeds one hundred tablets, capsules or other dosage units, the violation shall be punishable as a Class I felony under N.C. Gen. Stat. § 90-95(d)(2).

Sale or Delivery of Oxycodone

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. Oxycodone
  4. To another

Punishments

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

Manufacturing of Oxycodone

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. Oxycodone

Punishment

The manufacture of Oxycodone is a Class H felony under N.C. Gen. Stat § 90-95(b)(1).

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

Punishment

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

Trafficking in Oxycodone

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(h)(4) if they:

  1. Knowingly
    (a) sell, manufacture, deliver, transport, or possess; or
    (b) conspire to sell, manufacture, deliver, transport, or possess;
  2. Opium or any mixture containing opium or heroin
  3. To another person (if the person sells or delivers), and
  4. The quantity of opiates or mixture containing opiates is:
    (a) 4 grams or more, but less then 14 grams; or
    (b) 14 grams or more, but less then 28 grams; or
    (c) 28 grams or more;

Punishment

The punishment for trafficking in Oxycodone in North Carolina is determined by the quantity of Oxycodone (measured as opium or heroin by the Statute) the individual has at the time of arrest.

If an individual sells, manufactures, delivers, transports, or possesses in excess of 4 grams but less then 14 grams, they are guilty of a Class F felony under N.C. Gen. Stat. § 90-95(h)(4)(a). A Class G 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 14 grams or more but less then 28 grams, they are guilty of a Class E felony under N.C. Gen. Stat. § 90-95(h)(4)(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 28 grams or more, they are guilty of a Class C felony under N.C. Gen. Stat. § 90-95(h)(4)(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 $500,000 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. Oxycodone

Punishment

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

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