Possession Charge in North Carolina and Penalties

What is the charge of possession under North Carolina law? What are the penalties for conviction? So to be convicted of possession of a controlled substance in North Carolina, the state must prove beyond a reasonable doubt three elements. They must prove that the person: number one, knowingly; two, possesses; three, a controlled substance. Possession can be proven by either actual or constructive possession. In the vast majority of cases, the element of constructive possession is the most litigated element. Constructive possession can be recognized where it’s proven that the defendant had the power and intent to control the substance, even if it’s not actually possessed. The penalties for possession in North Carolina depend on the type and quantity of the substance and even the location of where it’s found. For a Schedule I substance like heroin, possession is a Class I felony. But for a Schedule II controlled substance, possession can either be a misdemeanor or a felony. And possession of any controlled substance on the premises of a prison or jail is punishable as a Class H felony. Simple possession of marijuana is by far the most common drug charge in Raleigh, and possession of up to a half an ounce is only a Class 2 misdemeanor.