Federal, State and Local Regulations
The unlawful manufacture, distribution, disposition, possession and/or use of a controlled substance or alcohol is regulated by a number of federal, state and local laws. These laws impose sanctions in misdemeanor and felony convictions. A summary of alcohol and drug laws in the United States and in the state of North Carolina is available below. The information provided below is not comprehensive. Further overview of federal laws governing the manufacture, possession, use and distribution of alcohol and illegal drugs is available online.
The law prohibiting unauthorized possession of any controlled substance is found in 21 USC § 844. Simple possession of any controlled substance (meaning having a small amount for personal consumption without intending to distribute or sell) is a misdemeanor under federal law carrying a fine of at least $1,000 and no more than one year in prison (except for possession of Flunitrazepam, more commonly known as “roofies,” which is always a felony and carries a greater penalty). Repeat possession offenders may be charged with a felony, which carries a longer prison sentence and greater fine. Possession with intent to distribute carries additional penalties. In addition to prison time and fines, persons convicted of possession may also be fined for the reasonable costs of the investigation and prosecution of the offense.
The penalties for drug trafficking are found in 21 USC § 841 and are listed in the charts below. Persons who violate drug trafficking laws within 1,000 feet of a university may face more severe penalties.
| Drug/Schedule | Quantity | Penalty | Quantity | Penalty |
|---|---|---|---|---|
| Cocaine (Schedule II) |
500-4999g mixture | First Offense: Not less than 5 years and not more than 40 years. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. |
5 kgs mixture or more | First Offense: Not less than 10 years and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense: Not less than 20 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
| Cocaine Base (Schedule II) |
28-279g mixture | 280g mixture or more | ||
| Fentanyl (Schedule II) |
40-399g mixture | 400g mixture or more | ||
| Fentanyl Analogue (Schedule I) |
10-99g mixture | 100g mixture or more | ||
| Heroin (Schedule I) |
100-999g mixture | 1kg mixture or more | ||
| LSD (Schedule I) |
1-9g mixture | 10g mixture or more | ||
| Methamphetamine (Schedule II) |
5-49g pure or
50-499g mixture |
50g or more pure OR 500g or more mixture | ||
| PCP (Schedule II) |
10-99g pure or 100-999g mixture | 100g or more pure OR 1kg or more mixture | ||
| Other Schedule I and II drugs (and any drug product containing Gamma Hydroxybutyric Acid) | Any amount | First Offense: Not more than 20 years. If death or serious injury, not less than 20 years or more than life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 years. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
||
| Flunitrazepam (Schedule IV) |
1 gram | First Offense: Not more than 20 years. If death or serious injury, not less than 20 years or more than life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 years. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
Other than 1 gram or more | First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
| Other Schedule III drugs | Any amount | First Offense: Not more than 10 years. If death or serious injury, not more than 15 years. Fine not more than $500,000 if an individual, $2.5 million if not an individual.
Second Offense: Not more than 20 years. If death or serious injury, not more than 30 years. Fine not more than $1 million if an individual, $5 million if not an individual. |
||
| All other Schedule IV drugs | Any amount | First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
||
| All Schedule V drugs | Any amount | First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
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| Drug/Schedule | Quantity | First Offense | Second Offense |
|---|---|---|---|
| Marijuana (Schedule I) | 1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants | Not less than 10 years. or more than life. If death or serious bodily injury, not less than 20 years. or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. | |
| Marijuana (Schedule I) | 100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants | Not less than 5 years. or more than 40 years. If death or serious bodily injury, not less than 20 years. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. | |
| Marijuana (Schedule I) | More than 10 kgs hashish; 50 to 99 kg marijuana mixture More than 1 kg of hashish oil; 50 to 99 marijuana plants |
Not more than 20 years. If death or serious bodily injury, not less than 20 years. or more than life. Fine $1 million if an individual, $5 million if other than an individual. | |
| Marijuana (Schedule I) | Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 to 49 marijuana plants | Not more than 5 years. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 years. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish (Schedule I) | 10 kg or less | Not more than 5 years. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 years. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish Oil (Schedule I) | 1 kg or less | Not more than 5 years. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 years. Fine $500,000 if an individual, $2 million if other than individual. |
North Carolina law, like federal law, prohibits possession of any controlled substance, possession with intent to distribute and trafficking of any controlled substance. North Carolina has structured sentencing, with judges permitted to impose a sentence within a prescribed range depending on the class of the offense, the number of prior convictions for the individual defendant and whether there were aggravating or mitigating factors in the circumstances of the offense. There are additional penalties whenever a drug transaction or drug law violation involves a minor. N.C. Gen. Stat. § 90-95.4; §90-95.5; §90-95.6; § 90-95.7. North Carolina law provides limited immunity for a “good Samaritan.” If someone calls 911 or a law enforcement officer to seek medical assistance for someone experiencing an overdose, they cannot be charged with any misdemeanor possession violation or a felony possession violation if they have less than one gram of cocaine or heroin. This provision is found in § 90-96.2.
| Types of Drug | Possession | Possession With Intent to Sell or Deliver; To Manufacture; or to Sell and/or Deliver | NC Statute |
|---|---|---|---|
| Schedule I: Heroin, LSD, Peyote, Mescaline, Psilocybin (Shrooms), other Hallucinogens, Methaqualone (Quaaludes), Phencyclidine (PCP) and MDA | Maximum Penalty: Five (5) years in prison and/or fine (felony) | Maximum Penalty: Ten (10) years in prison and/or fine (felony) | §90-89 |
| Schedule II: Morphine, Demerol, Codeine, Percodan, Percocet, Fentanyl, Dilaudid, Secondal, Nembutal, Cocaine, Amphetamines and other opium and opium extracts and narcotics | Maximum Penalty: Two (2) years in prison and/or $2,000 fine (misdemeanor) –UNLESS-
Maximum Penalty: Five (5) years in prison and/or fine (felony). |
Maximum Penalty: Ten (10) years in prison and/or fine (felony) | §90-90 |
| Schedule III: Certain barbiturates such as amobarbitol and codeine containing medicine such as Fiorinal #3, Doriden, Tylenol #3, Empirin #3 and codeine-based cough suppressants such as Tussionex and Hycomine and all anabolic steroids | Maximum Penalty: Possession of less than 100 tablets, capsules, other dosage units or equivalent quantity: Two (2) years in prison and/or fine (misdemeanor)
To possess more than 100 tablets, capsules, other dosage units or equivalent quantity: Five (5) years in prison and/or fine (felony) |
Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-91 |
| Schedule IV: Barbiturates, narcotics and stimulants including Valium, Talwin, Librium, Equanil, Darvon, Darvocet, Placidyl, Tranxene, Serax, Ionamin (yellow jackets) | Maximum Penalty: Same as Schedule III | Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-92 |
| Schedule V: Compounds that contain very limited amounts of codeine, dihydrocodeine, ethylmorphine, opium and atropine, such as Terpine Hydrate with codeine, Robitussin AC | Maximum Penalty: Six (6) months in prison and/or fine (misdemeanor) | Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-93 |
| Schedule VI: Marijuana, THC, Hashish, Hash Oil, Tetrahydrocannabinol | Maximum Penalty: Possession of less than .5 ounce of Marijuana or .05 ounce Hashish: 20 days in prison and/or $200 fine (misdemeanor). If Marijuana, the sentence must be suspended.
Possession of more than .5 ounce of Marijuana or .05 ounce Hashish: 120 days in prison and/or fine up to $500 (misdemeanor) Possession of more than 1.5 ounce of Marijuana or .15 ounce of Hashish or consists of any quantity of synthetic Tetrahydrocannabinols or Tetrahydrocannabinols isolated from the resin of marijuana: Twelve (12) months in prison and/or fine (felony) |
Maximum Penalty Delivery of less than 5 grams of marijuana for no compensation is not considered sale or delivery, but may still be prosecuted as possession
Less than 10 pounds: a Class H felony punishable by up to 8 months in prison and a discretionary fine for the first offense In excess of 10 pounds, but less than 50 pounds: a Class H felony and shall be sentenced up to a maximum of 39 months in prison and fined $5,000 50 pounds but less than 2,000 pounds: a Class G felony and shall be sentenced up to a maximum term of 51 months in prison and fined $25,000 2,000 pounds but less than 10,000 pounds: a Class F felony and shall be sentenced up to a maximum term of 93 months in prison and fined $50,000 10,000 pounds or more: a Class D felon and shall be sentenced up to a maximum term of 222 months in prison and fined not less than $200,000 |
§90-94 |
| Drug Paraphernalia | Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor) | Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor)
However, delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger: One (1) year in prison and/or fine. (felony) It is unlawful for any person to purchase or otherwise procure an advertisement in any newspaper, magazine, handbill or other publication or purchase or otherwise procure an advertisement on a billboard, sign or other outdoor display, when he knows that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Sixty (60) days in prison and/or fine. (misdemeanor) |
§90-113.22- §90-113.24 |
| Schedule I: Heroin, LSD, Peyote, Mescaline, Psilocybin (Shrooms), other Hallucinogens, Methaqualone (Quaaludes), Phencyclidine (PCP) and MDA | Maximum Penalty: Five (5) years in prison and/or fine (felony) | Maximum Penalty: Ten (10) years in prison and/or fine (felony) | §90-89 |
| Schedule II: Morphine, Demerol, Codeine, Percodan, Percocet, Fentanyl, Dilaudid, Secondal, Nembutal, Cocaine, Amphetamines and other opium and opium extracts and narcotics | Maximum Penalty: Two (2) years in prison and/or $2,000 fine (misdemeanor) –UNLESS-
Maximum Penalty: Five (5) years in prison and/or fine (felony) |
Maximum Penalty: Ten (10) years in prison and/or fine (felony) | §90-90 |
| Schedule III: Certain barbiturates such as amobarbitol and codeine containing medicine such as Fiorinal #3, Doriden, Tylenol #3, Empirin #3 and codeine-based cough suppressants such as Tussinex and Hycomine and all anabolic steroids | Maximum Penalty: Possession of less than 100 tablets, capsules, other dosage units or equivalent quantity: Two (2) years in prison and/or fine (misdemeanor)
To possess more than 100 tablets, capsules, other dosage units or equivalent quantity: Five (5) years in prison and/or fine (felony) |
Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-91 |
| Schedule IV: Barbiturates, narcotics and stimulants including Valium, Talwin, Librium, Equanil, Darvon, Darvocet, Placidyl, Tranxene, Serax, Ionamin (yellow jackets) | Maximum Penalty: Same as Schedule III | Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-92 |
| Schedule V: Compounds that contain very limited amounts of codeine, dihydrocodeine, ethylmorphine, opium and atropine, such as Terpine Hydrate with codeine, Robitussin AC | Maximum Penalty: Six (6) months in prison and/or fine (misdemeanor) | Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-93 |
| Schedule VI: Marijuana, THC, Hashish, Hash Oil, Tetrahydrocannabinol | Maximum Penalty: Possession of less than .5 ounce of Marijuana or .05 ounce Hashish: Thirty (30) days in prison and/or $100 fine (misdemeanor)
Possession of more than .5 ounce of Marijuana or .05 ounce Hashish: Two (2) years in prison and/or fine (misdemeanor) Possession of more than 1.5 ounce of Marijuana or .15 ounce of Hashish or consists of any quantity of synthetic Tetrahydrocannabinols or Tetrahydrocannabinols isolated from the resin of marijuana: Five (5) years in prison and/or fine (felony) |
Maximum Penalty: Five (5) years in prison and/or fine (felony) | §90-94 |
| Drug Paraphernalia | Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor) | Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor)
However, delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger: One (1) year in prison and/or fine. (felony) It is unlawful for any person to purchase or otherwise procure an advertisement in any newspaper, magazine, handbill or other publication or purchase or otherwise procure an advertisement on a billboard, sign or other outdoor display, when he knows that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Sixty (60) days in prison and/or fine. (misdemeanor) |
§90-113.22- §90-113.24 |
| State Law | Penalty | NC Statute |
|---|---|---|
| To possess, attempt to purchase or purchase, sell or give beer, wine, liquor or mixed beverages to anyone under the age of 21. | Maximum Penalty: Imprisonment for a term up to 120 days and/or community service and fines up to $1,000 (Class 1 misdemeanor) | § 18B-302 – 18B302.1 |
| A person under 21 years of age who aids and abets to purchase or attempt to purchase, purchase or to possess; sell or give, alcohol to a person who is under 21 years of age | Maximum Penalty: Imprisonment for a term up to 60 days and/or community service and fines (Class 2 misdemeanor) | § 18B-302 – 18B- 302.1 |
| A person over 21 years of age who aids and abets to purchase or to attempt to purchase, purchase or to possess; sell or give, alcohol to a person who is under 21 years of age | Maximum Penalty: Imprisonment for a term up to 120 days and/or community service and fined up to $1,000 (Class 1 misdemeanor) | § 18B-302 – 18B- 302.1 |
| Operating a motor vehicle upon any highway, any street or any public vehicular area within this State: while under the influence of an impairing substance; after having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more; or with any amount of a Schedule I controlled substance. | First Offense: Jail – 24 hours; Fine – $200; License Suspension – 60 days to 1 year
Second Offense: Jail – 4 days; Fine – varies; License Suspension – 1 to 4 years Third Offense: Jail – 14 days to 2 years; Fine – varies; License Suspension – 1 year to permanent |
§ 20-138.1 |
| Operating a motor vehicle on a highway or public vehicular area by a person less than 21 years old while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed. | Maximum of 20 days in jail and $200. If driving while impaired offense is also charged then:
First Offense: Jail – 24 hours; Fine – $200; License Suspension – 60 days to 1 year Second Offense: Jail – 4 days; Fine – varies; License Suspension – 1 to 4 years Third Offense: Jail – 14 days to 2 years; Fine – varies; License Suspension – 1 year to permanent |
§ 20-138.1 & 20-138.3 |
| Possessing an alcoholic beverage other than in the unopened manufacturer’s original container or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right-of-way of a highway. | Maximum Penalty: Imprisonment for a term up to 60 days and/or community service and fines up to $1,000 (Class 2 or 3 misdemeanor based on number of offenses) | § 18B-301; §18B-401;
§20-138.7 |
The Town of Chapel Hill prohibits the consumption and possession of an open container of malt beverages and unfortified wine on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town, including during times when streets, buildings and lots are closed for special events. The one exception in this ordinance allows for the possession or consumption of malt beverages and unfortified wine in town parking lots 2, 3, the top level of the Wallace Parking Plaza and public space on the 140 West Plaza when approved as part of a special event approved by the Town Council. Any violation of these city ordinances is considered a misdemeanor and is subject to a maximum fine of fifty dollars ($50).
Possession of controlled substances, with the exception of prescription drugs with an appropriate prescription, is prohibited in Chapel Hill parks. Violation of this ordinance is a misdemeanor, punishable by a maximum fine of five hundred dollars ($500).