In North Carolina, it is illegal to possess a controlled substance with the intent to manufacture, sell, or deliver it. The punishment for doing so varies depending on the category of drugs involved. This article will provide an overview of what constitutes PWIMSD and the possible punishments associated with it.
Punishment for possession of a controlled substance with the intent to manufacture, sell or deliver (PWIMSD) varies depending upon the category of the drug. For a Schedule I or II substance, PWIMSD is a class H felony with a maximum punishment under the law of 39 months incarceration. For a Schedule III, IV, V, or VI substance, PWIMSD is a class I felony with a maximum punishment under the law of 24 months incarceration.
What is possession with the intent to manufacture, sell, or deliver (PWIMSD)?
Possession of a controlled substance with the intent to manufacture, sell, or deliver (PWIMSD) is the unlawful possession of a controlled substance with the intent to manufacture, sell, or deliver it.
A controlled substance is a drug or chemical that is regulated by the government. Controlled substances include illegal drugs like heroin and cocaine, as well as prescription medications like oxycodone and fentanyl. Possessing a controlled substance with the intent to manufacture, sell, or deliver it is a felony offense in most states.
What Is Considered Manufacturing Drugs
The manufacturing of drugs is the process of creating or producing a controlled substance. This can include the production of illegal drugs like heroin and cocaine, as well as the production of prescription medications like oxycodone and fentanyl.
Manufacturing drugs can be done in a number of ways, including through the use of chemical processes, by cooking or refining the drug substances, or through the use of labeling and packaging materials.
What Is Considered Intent To Sell
When it comes to possession of a controlled substance with the intent to sell, there are a few things that need to be considered.
The first is what constitutes selling drugs. Selling drugs can involve exchanging drugs for money, goods, or services. It can also involve giving drugs away in exchange for something else or even just offering to sell drugs to someone.
The second thing that needs to be considered is what constitutes possession with intent to sell drugs. Intent to sell drugs means that you have the intention of selling or delivering a controlled substance, regardless of whether or not you actually go through with the sale.
The prosecution does not need to prove that you actually sold the drugs, only that you intended to do so.
What Is Considered Intent To Deliver
When it comes to possession with intent to deliver, it is not just about physically handing over the drugs to someone else.
In fact, there are a few different elements that can be used to determine whether or not someone had the intent to deliver.
For example, if someone is caught with a large amount of drugs, they may be considered to have been in possession with intent to deliver even if they did not actually hand the drugs over to anyone.
What Are The Different Drug Schedules?
There are five schedules of controlled substances, each with its own specific regulations.
The schedule a particular drug is placed in depends on its potential for abuse, how safe it is, and how easily people can become dependent on it.
Schedule I drugs have a high potential for abuse and no accepted medical use, while Schedule V drugs have a lower potential for abuse and can be used for medical purposes.
Punishments For PWIMSD Depend On The Drug’s Schedule
Under GS § 90-95, North Carolina’s punishments for PWIMSD depend on the drug’s schedule.
For controlled substances classified in Schedule I or II, the punishment is a Class H felony, punishable by 4 to 25 months in prison.
For controlled substances classified in Schedule III, IV, V, or VI, the punishment is a Class I felony, punishable by 3 to 12 months in prison
PWIMSD With Prior Convictions
The punishment becomes more severe for individuals with a previous criminal history, especially in relation to other drug crimes. Prior convictions are used by North Carolina courts to determine a person’s criminal history. Each one carries with it a certain number of points that add up between I – VI for each crime committed.
A person with a Level I criminal record is typically someone with little to no criminal history, while a person with a Level VI record is typically someone with an extensive criminal history. (N.C. Gen. Stat. § 15A-1340.14 (2019).) If you have been convicted of PWIMSD in the past, you will likely face harsher penalties.
How can someone be convicted of PWIMSD in North Carolina?
In order to be convicted of possession with intent to sell in North Carolina, the prosecution must prove, beyond a reasonable doubt, that the defendant knowingly and intentionally possessed a controlled substance with the intent to manufacture, sell, or deliver it.
This means that the prosecutor must show that the defendant had the intent to do any of those things, not just one of them. It can be difficult to prove this intent, so the prosecutor will often rely on circumstantial evidence to make their case.
Some factors that may be considered include:
- The amount of drugs found
- The type of drug found
- The location where the drugs were found
- The presence of drug paraphernalia
- Any prior convictions or other evidence of drug dealing
If you have been charged with possession with intent to sell in North Carolina, it is important to work with an experienced criminal defense attorney who can help you devise a strong defense strategy that will give you the best chance of avoiding a conviction.
What defenses are available to someone accused of PWIMSD in North Carolina?
There are many possible defenses that someone accused of possessing drugs with intent to sell may be able to use. These defenses include:
- The drugs were not for sale, but for personal use
- The drugs were not actually drugs, but some other substance
- The person did not know that the drug was for sale
- The person was entrapped by law enforcement
Each of these defenses has different elements that must be proven in order for the defense to be successful. If you have been accused of possession with intent to sell, it is important to discuss your case with an experienced criminal defense attorney to determine which, if any, defenses may be available to you.
Can An Individual Be Charged With Both Drug Possession and PWIMSD Simultaneously In North Carolina?
Yes, an individual can be charged with both possession and PWIMSD of a controlled substance simultaneously in North Carolina. The punishment for each crime is different, so the person may be sentenced for both crimes. However, the sentences will likely run concurrently, meaning that the person will serve only one sentence.
Possession of a controlled substance is a serious crime in North Carolina and can result in significant penalties, including fines and imprisonment. This charge typically arises when drugs are found in an individual’s possession or control, even if the person did not intend to distribute or sell them.
Are there any exceptions to the law prohibiting PWIMSD of a controlled substance in North Carolina?
There are a few exceptions to the law prohibiting PWIMSD of a controlled substance in North Carolina.
If you are a registered qualifying patient with a valid medical marijuana registry identification card, for example, you may legally possess and use cannabis for the purpose of treating a qualifying medical condition.
Additionally, there are certain circumstances under which someone may lawfully distribute controlled substances in North Carolina, such as when they are acting as an agent or employee of a licensed pharmacist or pharmacy.
Furthermore, it is sometimes permissible to sell drugs obtained from valid prescriptions issued by a doctor. Overall, however, the possession and distribution of controlled substances in North Carolina is highly regulated and can result in serious criminal penalties if violations occur.
How Can A Lawyer Defense Lawyer Assist In A PWIMSD Case?
If you are facing charges for PWIMSD of a controlled substance in North Carolina, it is important to understand your rights and how to protect them.
One of the most important things you can do is to hire an experienced criminal defense lawyer who can help guide you through the process and advocate for your best interests. Your lawyer will be able to explain the criminal charges you are facing and discuss the potential penalties you face if convicted, which can include jail time and fines.
In addition, your lawyer will be able to advise you on your best course of action moving forward, including whether or not it is in your best interest to negotiate a plea deal or take your case to trial. If a plea deal is in your best interests, your attorney can work with the prosecution to secure a favorable outcome.
If you are determined to be innocent of the charges, or if there is not sufficient evidence to convict you, a skilled defense lawyer will be able to present a strong case on your behalf and fight for an acquittal.
Contact The Law Offices of J.M. Kotzker If You’ve Been Charged with PWIMSD
If you’ve been charged with PWIMSD of a controlled substance in North Carolina, it is important to understand your rights and how to protect them. The best way to do this is to contact an experienced criminal defense attorney who can help guide you through the process and advocate for your best interests.
A strong attorney-client relationship is paramount when handling a possible felony conviction. Our legal counsel is dedicated to keeping confidential or sensitive information between the client and attorney.
At The Law Offices of J.M. Kotzker, we have extensive experience handling PWIMSD cases, and our defense lawyers are dedicated to fighting for the best possible outcome in each case we take on. Contact us today to schedule a free consultation with one of our experienced attorneys. We will review your case and advise you on your best course of action moving forward.