Introduction
North Carolina takes drug trafficking offenses extremely seriously. Even if you have never been arrested before, a drug trafficking charge in NC can land you in prison for years—with mandatory minimum sentences, hefty fines, and a permanent criminal record.
Unlike simple possession charges, trafficking cases are based largely on quantity, not just intent. You could be charged with trafficking even if there is no evidence that you were selling drugs. This makes it crucial to understand how North Carolina law defines drug trafficking and how these cases are handled in court.
In this guide, we break down the laws, penalties, and defenses related to drug trafficking in NC so you can make informed decisions about your case.
What Is Drug Trafficking in North Carolina?
Under North Carolina General Statutes § 90-95(h), drug trafficking refers to the possession, manufacture, sale, delivery, or transportation of large quantities of controlled substances. Trafficking is a felony offense regardless of whether the drugs were intended for personal use or sale.
The main factor that distinguishes trafficking from lower-level drug charges is the weight or quantity of the controlled substance.
Common Drugs Involved in Trafficking Charges
- Marijuana: 10+ pounds
- Cocaine: 28+ grams
- Heroin: 4+ grams
- Methamphetamine: 28+ grams
- Opioids (Fentanyl, Oxycodone): Varies by substance
- MDMA or Ecstasy: Often charged based on weight including pill fillers
Even if the drugs are mixed with another substance, the total weight is what counts, not just the pure drug content.
Drug Trafficking Penalties in North Carolina
North Carolina imposes mandatory minimum sentences for trafficking offenses. This means judges have very little discretion, and even first-time offenders can receive long prison terms.
Here’s a summary of trafficking thresholds and penalties for some common drugs:
Cocaine (N.C. Gen. Stat. § 90-95(h)(3))
- 28–199g: 35–51 months in prison + $50,000 fine
- 200–399g: 70–93 months + $100,000 fine
- 400g or more: 175–222 months + $250,000 fine
Heroin or Fentanyl (N.C. Gen. Stat. § 90-95(h)(4))
- 4–13g: 70–93 months + $50,000 fine
- 14–27g: 90–120 months + $100,000 fine
- 28g or more: 225–282 months + $500,000 fine
Marijuana
- 10–49 pounds: 25–39 months + $5,000 fine
- 50–1,999 pounds: 35–51 months + $25,000 fine
- 2,000+ pounds: Up to 219 months + $200,000+ fine
For full legal references, see the North Carolina Controlled Substances Act.
Additional Consequences of a Drug Trafficking Conviction
- Loss of civil rights (voting, firearm ownership)
- Driver’s license suspension
- Ineligibility for federal student aid
- Employment and housing barriers
- Immigration consequences for non-citizens
Even if you avoid prison, the conviction will remain on your record permanently unless expunged (which is difficult in trafficking cases).
Can You Be Charged with Trafficking for Transporting Drugs?
Yes. North Carolina law includes “transporting” drugs as a basis for trafficking charges—even if you never intended to sell or distribute them.
For example, if you are caught driving with more than 28 grams of cocaine in your trunk, you could face trafficking charges just for moving the drugs, even if they were for someone else.
How Do Trafficking Cases Usually Begin?
Drug trafficking cases often stem from:
- Traffic stops
- Anonymous tips
- Undercover operations
- Package interceptions
- Airport or highway surveillance
If the police discover a qualifying quantity of drugs during a stop or investigation, they may arrest you on the spot and begin building a trafficking case.
What to Do If You’re Arrested for Drug Trafficking in NC
- Remain silent: Do not admit anything or try to explain. Anything you say can be used against you.
- Request a lawyer immediately: Do not answer police questions without an attorney present.
- Do not consent to searches unless they present a valid warrant.
- Document everything: If possible, write down details about the arrest, who searched you, and what was said.
- Contact Martine Law: We have experience defending against serious drug charges and will fight to protect your rights.
Defenses Against Drug Trafficking Charges
Just because you were arrested with drugs does not mean you are automatically guilty of trafficking. Potential defenses include:
1. Illegal Search and Seizure
If police searched your vehicle, home, or person without a valid warrant or probable cause, the evidence may be inadmissible.
2. Lack of Possession
If the drugs were found in a shared area (e.g., a car with multiple occupants), prosecutors must prove that you had control or knowledge of the drugs.
3. Weight Disputes
If the total drug weight is close to the trafficking threshold, lab testing may show that the charge should be reduced.
4. Entrapment
If law enforcement induced you to commit a crime you otherwise wouldn’t have, this can be a strong defense.
First-Time Offenders: Is There Any Leniency?
Unfortunately, North Carolina’s mandatory minimum sentencing laws leave little room for leniency, even for first-time offenders. However, your attorney can negotiate for:
- Charge reductions
- Cooperation agreements (when appropriate)
- Entry into a diversion or treatment program (rare in trafficking cases)
The earlier you involve a defense attorney, the more options may be available to you.
Why You Need a Drug Crimes Attorney
Drug trafficking charges are some of the most serious offenses under North Carolina law. Prosecutors are aggressive, and penalties are steep. Without experienced legal representation, you could face years in prison—even if the drugs were not yours.
At Martine Law, we:
- Investigate police conduct and evidence handling
- Challenge unlawful searches
- Negotiate with prosecutors for reduced charges
- Build a strong trial defense when needed
Contact our team to protect your future.