North Carolina Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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In North Carolina, there are two main types of drug possession charges: simple possession and possession with intent to manufacture, sell, or deliver. Simple possession of most drugs is a misdemeanor. Possession with intent to manufacture, sell, or deliver is a felony.
Possession of a Schedule I drug in North Carolina carries a penalty of a Class I felony and 4-5 months in jail. The maximum penalty for possessing a Schedule I drug in North Carolina is a Class I felony, up to five years in prison, and/or a fine.
Under North Carolina Criminal Law 90-95(a)(3)(d): Possession of a Controlled Substance is a misdemeanor or felony. The possession of a Schedule I substance is a Class I felony which carries a potential maximum period of incarceration up to 3 to 12 months.
Jury Instructions Title 21, United States Code, Section 841(a)(1) makes it a crime for a physician to knowingly or intentionally distribute or dispense a controlled substance unless it was done within the usual course of professional prac- tice and for a legitimate medical purpose.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Legal Bases for Dismissal of Drug Charges include: Lack of Reasonable Suspicion / Lack of Probable Cause to Stop. Improper Search or Seizure of Your Person, Car, or Residence. Lack of Voluntary Consent to Search. Lack of a Search Warrant to Search / Defective Search Warrant.
Possession with Intent to Distribute Possession of more than 10 pounds but less than 50 pounds is a Class H felony punishable by a minimum of 25 months and maximum of 39 months imprisonment and a fine of at least $5,000.
The federal Controlled Substances Act specifies that all prescriptions for controlled substances must bear: (1) the full name and address of the patient; (2) the drug name, strength, dosage form; (3) quantity prescribed; (4) directions for use; (5) the name, address and DEA number of the prescriber; and (6) the ...