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Drug Charges

Nielsen Legal > Drug Charges

What you should know about controlled substances

While many drugs can be found in stores, other substances are not as freely accessible. People may need a prescription from a doctor before purchasing medication. However, even some drugs are not accessible to the general public or used in any medical field.  The accessibility and management of substances is determined by the Controlled Substance Act. The Controlled Substance Act can also have a huge effect on drug possession cases. Here is what you should know:  What is the Controlled Substance Act? The Controlled Substance Act is a federal policy enacted in 1970 to regulate the manufacturing, distribution, importation, exportation and use of...

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When can you face conspiracy to commit drug trafficking charges?

For you to be charged with conspiracy to commit trafficking in North Carolina, the prosecution must prove three key elements. First, there must be an agreement between you and at least one other person to engage in drug trafficking. Second, you must have the intent to further the plan, and lastly, at least one person involved must have taken a tangible step or overt act toward committing the offense. For instance, if you and another individual discussed selling a large quantity of controlled substances and began making the necessary arrangements to purchase those drugs, it could amount to a criminal conspiracy....

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What’s the difference between trafficking and possession?

You took a chance, and you got busted with drugs – so you’re naturally concerned with the legal repercussions ahead.  What happens next depends a lot on how you’re ultimately charged. Depending upon the circumstances, you can be charged with simple possession of drugs or drug trafficking, and there’s a big difference in the possible consequences. What is drug possession? Simple drug possession is the most basic charge you can face – and it means merely having a controlled substance in your possession illegally, whether that’s a handful of painkillers or a couple of marijuana edibles in your pocket. In general, this is...

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Cocaine offenses: How does North Carolina law treat offenders?

Although some cultures use the substance as an anesthetic, cocaine is more infamous for its use as an illegal party drug in the United States. Cocaine induces an intense feeling of euphoria but can be addiction-forming. It also raises the risk of stroke, heart attack and sudden cardiac death in users. North Carolina treats the possession and distribution of cocaine as a serious drug offense. If you’re caught with any amount of the substance, expect to face a litany of penalties. Possession charges Possession of cocaine, even in small amounts, is a punishable offense in North Carolina. Possession of less than half an...

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North Carolina’s drug laws and how they handle marijuana possession

Half of all U.S. states have legalized the recreational use of marijuana, also known as cannabis. But where does North Carolina stand on this matter? The state still considers cannabis as a dangerous controlled substance, so possession of marijuana is a crime. However, North Carolina’s drug laws can be confusing and complex, especially when it applies to marijuana. This blog will explore the state’s drug laws and how they affect marijuana possession charges. If you face charges, it’s important to understand what awaits you. State laws on marijuana According to the state, marijuana is a Schedule VI drug. Schedule VI substances have a currently...

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Can using someone’s prescription medications get me in trouble?

As a college student, you may feel pressure to excel academically while balancing other responsibilities such as work or extracurricular activities. With so much on your plate, you may be tempted to take shortcuts, such as using prescription medications to enhance your cognitive abilities. However, this can lead to serious consequences, both legally and health-wise. It is essential to understand the risks and legal implications of taking someone else’s prescription medications. In the United States, possessing or distributing prescription drugs without a valid prescription is illegal. Doing so can result in criminal charges, fines and even imprisonment. Moreover, taking prescription drugs...

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When is drug possession a felony offense?

Facing a drug possession charge comes with the implication of serious penalties and a criminal record that may follow you for life if convicted. If the accusations against you escalate to the level of a felony offense, the potential consequences become even more severe. Understanding the severity of the charges against you can help inform your defense strategy. By knowing more about laws surrounding drug possession, you can proceed with confidence that you and your legal team will make every necessary preparation to defend your rights. Drug possession with intent to distribute Bearing the intent to distribute a controlled substance is a much...

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Are you eligible for drug court in Buncombe County?

A North Carolina drug charge has the potential to lead to steep fines and jail or prison time, among other repercussions, and such charges often result from a substance dependency. If you are facing a drug-related criminal charge for an offense you feel you would not have committed, had it not been for your dependency, you may want to look into whether drug court might be an option for you. Per Buncombe County, you may be eligible for drug court in Buncombe County if you receive a referral and meet certain qualifications. Qualifying for drug court in Buncombe County To be eligible for...

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How does a drug conviction affect your college financial aid?

If you are a college-aged student, you probably know how expensive pursuing higher education can be. Fortunately, according to the U.S. Department of Education, you can compete for roughly $120 billion in government-backed financial aid every year. Your college or university also probably offers financial aid packages. During the war on drugs, the DOE implemented a draconian policy that caused students with drug convictions to become ineligible for loans, grants and work-study funds. That policy no longer exists. Therefore, you are not likely to lose your federal financial aid following a drug conviction. The financial assistance you receive from your college...

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Adult drug treatment court – an overview

For people struggling with drug dependency issues, traditional courts and criminal penalties often do not serve their needs or aid with avoiding recidivism. As an alternative, several counties throughout North Carolina offer adult drug treatment court programs. Understanding the adult drug treatment court program may help people facing criminal charges determine if they will benefit from participation. Who is eligible to participate? According to the North Carolina Judicial Branch, to participate in the adult drug treatment court, people must meet certain eligibility criteria. To qualify for admittance into the program, people must have the following: A diagnosis of chemical dependency or borderline chemical dependency...

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