North Carolina Possession With Intent To Distribute

What is possession with intent to distribute in North Carolina? How does it differ from simple possession? What are the penalties? In North Carolina, possession of a controlled substance with the intent to manufacture, sell or deliver is defined under North Carolina general statue 90-95(a)(1) and contains only four elements. So for the state to get a conviction, they would need to prove beyond a reasonable doubt that a person knowingly possesses a controlled substance with the specific intent to sell, deliver or manufacture it. The state would need to prove all the regular elements of regular possession, with the added element that the person specifically intended to sell, deliver or manufacture the drug. There is no threshold amount that automatically increases the simple possession charge to with intent, but quantity alone can be a factor. The term “manufacture” can include actions like packaging, labeling, processing and converting substances. Sell means to transfer for confiscation. Deliver means actual or constructive conveying of the substance to another person. The penalties for possession with intent to sell, deliver or manufacture depend upon the specific schedule of the controlled substance. Schedule I and II substances can be prosecuted as Class H felonies with a maximum sentence of up to 39 months in prison. Schedule III to VI substances can be prosecuted as a Class I felony with a maximum prison term of 24 months. Most charges for this offense in Raleigh are bas