When it comes to drug-related charges in North Carolina, the details matter—more than you may think. One of the biggest distinctions in our state’s drug laws is the difference between possession and trafficking. While both charges are serious, trafficking carries much harsher penalties, even if the defendant had no intention of selling. Understanding the difference between the two can make or break your defense. Let’s dive into these charges—their conditions, their penalties, and how the Gross Law Team can come to your defense.

Drug Possession: What It Means and What’s at Stake

A drug possession charge means you were allegedly caught with an illegal substance for personal use. This can be simple possession (a small amount) or possession with intent to distribute (PWI), which suggests more than just personal use was in mind.

• Misdemeanor vs. Felony – Simple possession of 0.5 ounces or less of marijuana is often a class 3 misdemeanor, while possession of harder drugs like cocaine or heroin usually leads to a felony charge.
• Intent to Distribute – If bags, scales, or large amounts of cash were discovered along with the drugs, prosecutors may argue there was an intention to sell, which can lead to PWI charges.
• Penalties – A misdemeanor possession charge can lead to fines and probation, while felony possession can mean years in prison.

Drug Trafficking Charges: In the Quantity, Not the Intent

Unlike possession charges, drug trafficking in North Carolina is based on weight, not whether the drugs were actually being sold or distributed. If you had more than a certain amount of a substance—for instance, 4 grams of heroin or 28 grams of cocaine—you could be charged with trafficking, even if the drugs were only for personal use.

• Mandatory Minimum Sentences – Trafficking charges come with mandatory prison time, sometimes starting at 2-3 years and increasing depending on the quantity.
• No Intent Required – You don’t have to be caught in the act of selling to be convicted of trafficking. Just possessing a certain amount of the drug is enough.
• Harsher Penalties – These charges can mean decades in prison and substantial fines, even for first-time offenders.

Why This Difference Matters for Your Case

If you’re charged with drug possession, you may have options like drug diversion programs, reduced sentencing, or even getting the charges dropped. But if you’re facing trafficking charges, you’re up against mandatory time behind bars—unless you have a strong defense. At The Gross Law Group, we fight aggressively to challenge trafficking charges, using the unique circumstances of your case to defend your rights. We work to reduce charges whenever possible because the difference between possession and trafficking can mean the difference between probation and years in prison.

Need a strong defense? Trust the Gross Law Group

If you’ve been charged with possession or trafficking in North Carolina, you need a defense team that knows the law and how to fight for you. The sooner you act, the more options you have. Contact the Gross Law Group today for a free consultation. Your future is too important to leave to chance.