If You See Blue,
Call DONAHUE
Call DONAHUE
Outer Banks Drug Charge Lawyer for Dare & Currituck County
Charged With a Drug Offense in the Outer Banks?
Many drug charges in Dare and Currituck County start with a traffic stop and a vehicle search, a call to a rental property, or an encounter on the beach. Many of the people charged are visitors who have never been in trouble before. A drug charge is serious, but for a first possession charge, North Carolina law often provides a path to a dismissal.
Daniel P. Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles drug cases in both Dare and Currituck County courts.
Call or text 252-715-5785 to talk about your charge.
Charged in a specific county? See Dare County drug charges and Currituck County drug charges.
How North Carolina Classifies Drug Possession
The North Carolina Controlled Substances Act (N.C.G.S. 90-86 and following) sorts drugs into six schedules. The type of drug and the amount determine whether possession is a misdemeanor or a felony under N.C.G.S. 90-95(d), and paraphernalia is covered by N.C.G.S. 90-113.22 and 90-113.22A.
| What was found | Typical charge |
|---|---|
| Marijuana, 1/2 ounce or less | Class 3 misdemeanor. For a first offense, any jail sentence must be suspended. |
| Marijuana, more than 1/2 ounce up to 1 1/2 ounces | Class 1 misdemeanor |
| Marijuana, more than 1 1/2 ounces | Class I felony |
| THC vape cartridges, wax, or other THC concentrates or synthetic THC | Class I felony in any amount |
| Prescription pills without a prescription | Depends on the specific drug, the number of pills, and their total weight. Some are misdemeanors, but many common pills are felonies. |
| Opioid pills, such as oxycodone or hydrocodone, weighing 4 grams or more in total | Trafficking: a Class F felony with a mandatory minimum of 70 months in prison. The weight of the whole pill counts, so a handful of pills can reach this level. |
| Pills containing fentanyl, including counterfeit pills sold as other medications | Class H felony in any amount, and trafficking at 4 grams |
| Cocaine, methamphetamine, amphetamine (including Adderall without a prescription), or PCP | Class I felony in any amount |
| Most Schedule I drugs, such as heroin, MDMA, LSD, or psilocybin mushrooms | Class I felony |
| Schedule V drugs, such as some codeine cough medicines | Class 2 misdemeanor |
| Drug paraphernalia (other than for marijuana) | Class 1 misdemeanor |
| Marijuana paraphernalia, such as a pipe or rolling papers | Class 3 misdemeanor |
A prior record can raise the charge. For example, a Class 1 misdemeanor drug offense becomes a Class I felony if you have a previous drug conviction.
Conditional Discharge for a First Offense
For many people facing a first possession charge, the most important law is North Carolina’s conditional discharge statute, N.C.G.S. 90-96. If you qualify, the court defers your case and places you on probation instead of entering a conviction. When you complete the terms, which often include a drug education program, the charge is dismissed.
In general, conditional discharge is available if:
- You have no prior felony conviction
- You have no prior drug conviction (older offenses may not count)
- The charge is misdemeanor possession, possession of drug paraphernalia, or felony simple possession, not sale or possession with intent to sell
- You have not received a conditional discharge before, since it is available only once
When a person qualifies and consents, the court must grant conditional discharge unless the judge finds in writing, with the District Attorney’s agreement, that it is not appropriate. After a dismissal, you may be eligible to have the records expunged, depending on your age and other factors.
If you are not a U.S. citizen, talk with us before entering any plea. Conditional discharge requires a guilty plea or finding, and federal immigration law can treat that as a conviction even after the state case is dismissed.
Learn more about conditional discharge for first-offense drug charges.
Marijuana Charges and Out-of-State Visitors
Marijuana is still illegal in North Carolina, even though it is legal in Virginia and many other states. A product bought legally at home, or a medical marijuana card from another state, is not a defense to a North Carolina possession charge. THC vape cartridges and concentrates are treated much more seriously than plant marijuana, as the table above shows.
Drug charges from Cape Hatteras National Seashore or other National Park Service land are federal cases, not state cases. See our page on federal charges.
See possession of marijuana and paraphernalia for weight limits and first-offense options.
Possession With Intent and Trafficking
Possession with intent to sell or deliver is a felony. Sharing less than 5 grams of marijuana without payment is not treated as a delivery under the statute.
Trafficking charges are based on weight alone and carry mandatory prison terms. The thresholds start at more than 10 pounds of marijuana, 28 grams of cocaine or methamphetamine, and 4 grams of an opioid, heroin, or fentanyl. Because the weight includes the entire mixture, a relatively small number of prescription opioid pills can reach the trafficking threshold.
Learn more about possession with intent to sell or deliver.
Calling 911 for an Overdose
If you call 911 in good faith to get help for someone who is overdosing, N.C.G.S. 90-96.2 gives you, and the person who overdosed, limited protection from prosecution for small possession and paraphernalia charges. The protection applies when the evidence is found because of the call, and the caller must give their name.
How We Can Help
- Review the stop, the search, and the lab evidence in your case
- Determine whether you qualify for conditional discharge or another path to dismissal
- Handle court appearances in Dare and Currituck County, in many cases without you traveling back
- Help you clear your record through expunction once the case is resolved
Frequently Asked Questions
Will a first drug possession charge give me a criminal record? Not necessarily. If you qualify for conditional discharge and complete its terms, the charge is dismissed, and you may be able to have the records expunged.
Do I have to come back to North Carolina for court? In many misdemeanor cases, your lawyer can appear for you. Some resolutions may require you to appear at least once. We will tell you early what your case requires.
What if the pills were prescribed to me? Possessing a medication that was lawfully prescribed to you is not a crime. Keeping medication in its original labeled container helps avoid problems.
Is possessing a THC vape pen really a felony? It can be. North Carolina treats THC concentrates and synthetic THC as a Class I felony in any amount, which is a common surprise for visitors.
Talk to a Board-Certified Criminal Defense Lawyer
Call or text 252-715-5785, or use the contact form on this page. Se habla español.
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