When is drug possession a crime?

In North Carolina, drug possession is generally a crime if an individual is caught with certain types of illegal drugs, such as heroin, cocaine, methamphetamine, and other drugs classified as Schedule I controlled substances. Possession of smaller quantities of drugs, such as marijuana, is also considered a crime and can lead to criminal charges. In addition to Schedule I controlled substances, North Carolina also regulates drugs in the categories of Schedule II, Schedule III, Schedule IV, and Schedule V drugs. Possession of Schedule II drugs is generally considered a felony charge while possession of drugs from Schedules III through V is considered a misdemeanor offense. Regardless of the type of drug, a person can be charged with drug possession if officers believe that the person has an illegal substance in their control for personal use. This means that the drug must be either located on the suspect’s person or in their immediate possession, although there are exceptions. It should also be noted that in North Carolina, there are certain cases in which a person in possession of an illegal drug may not face criminal charges. For example, individuals with a valid prescription for the drug in question may possess it legally. It is also important to remember that in North Carolina the possession of drug paraphernalia is also considered a crime.

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