Review the eligibility criteria and program requirements for drug court if you have pending DUI, drug possession or related charges.

Drug court eligibility

You may be eligible for drug court if you live in Forsyth County, are age 18 or older, and meet the criteria for probation. You cannot enroll in drug court if you appear on the sex offender registry.

The drug court coordinator will also consider the extent of your substance use issues and your commitment to engage in addiction recovery. Other factors include your housing situation, whether you have pending cases in other counties, and whether you have trafficking charges beyond drug sales to support your own substance use.

Program requirements

If you qualify for drug court, you must spend at least a year completing the requirements of the program. Your court-supervised probation period will include regular appearances before the drug court judge, a treatment plan tailored to your substance use and mental health needs, individual and group counseling, and regular drug testing.

Upon successful program completion, you will be eligible for a waiver of your probation fees and other penalties, including jail time if applicable. You can start the drug court process if you have pending charges by asking your attorney to submit a referral form to Forsyth County Drug Court.

Last year, North Carolina passed a law aimed at punishing, which spurred some controversy. According to WHQR Public Media, the law made it possible to charge alleged drug dealers with felonies if someone dies after ingesting meth, cocaine or opioids bought from them.

Similarities with prior laws

This law does not represent the first North Carolina attempt to levy the blame for opioid deaths on dealers. In 1999, the state passed a similar law. At the time, it required prosecutors to prove an intent to harm or malice. Now, prosecutors may not need to prove either of these to bring a successful charge.

North Carolina intends to hold not just street-level dealers liable; another law may apply to doctors. The STOP Act requires doctors to use a database with a statewide reach to determine if the patient recently filled the prescription in another location.

Conflicts with existing laws

The Death by Distribution law does not occur harmoniously with all existing laws. CNN points out that it may even contradict the Good Samaritan law. At the very least, it might prevent people from stepping forward out of fear of facing charges akin to second-degree murder or kidnapping.

Research backs CNN’s concern. It points to a pattern of people feeling less willing to call emergency services when they encounter overdose incidents. This could lead to more people dying from overdoses because they might not receive life-saving treatment in time.

According to the General Assembly of North Carolina, Session Law 2019-83 House Bill 474, the state passed the death by distribution law because the previous 20 years saw a drastic increase in the number of opioid-related deaths. The purpose of the law is to deter individuals from illegally distributing opioids and further exacerbating the opioid epidemic.

Death by distribution of certain controlled substances

Per the General Assembly, people should only be able to access opioids through a prescription from a certified practitioner and for legitimate medical reasons only. If you are not a certified practitioner, and/or if you distributed opioids for non-medical purposes and without writing a prescription, the state may charge you with death by distribution. To prove you are guilty of this offense, the state must prove the existence of four elements:

• You unlawfully sold at least one certain controlled substance
• The ingestion of the substance caused the death of the user
• Your commission of the first element was the proximate cause of the user’s death
• You did not act with malice

Certain controlled substances, for the purposes of this law, include any opiate, opium, opioid or a derivative of either; a depressant as described in related statutes; methamphetamine; cocaine or another controlled substance; or a mixture of either of these. This offense is a Class C felony.

Aggravated death by distribution

If you have a previous drug crime conviction, a trafficking violation or any similar state or federal level conviction on your record, the state may charge you with aggravated death by distribution. The offense, however, must have taken place within seven years of the date of the most recent charge. An aggravated offense is a Class B2 felony.

In the past decades since the start of the War on Drugs, debate over mandatory minimum sentencing for drug crimes has raged. Initially well-received, decades of data has shown that mandatory minimum sentencing does not achieve its stated goal; it does not reduce the prevalence of illicit drug sales across the nation.

How new policies change the game in North Carolina

In recent years, the push back against mandatory minimum sentence laws in North Carolina has gained traction, and reform advocates achieved a major win this past month. At the end of June, North Carolina Governor Roy Cooper signed a bill that expanded judicial discretion for drug crimes.

The new policies come in the form of two newly passed bills that do a few different things. Now, North Carolina criminal drug policy:

1. Grants judges the power to give more lenient sentences that do not meet the mandatory minimum guidelines for certain first-time offenders
2. Enables some currently incarcerated individuals to appeal for a lighter sentence under the new act
3. Allows more people to petition to remove certain drug crimes from their criminal history

These bills mark a change in the state’s conversation about drug crimes and can mean a huge difference for you and your loved ones in the criminal justice system. If you believe that these new laws can impact your case, speak with a criminal defense attorney.

What is a diversion program?

Diversion programs intervene in cases before a trial or verdict happens. They are meant to offer opportunities for reeducation and growth. Programs like Law Enforcement Assisted Diversion (LEAD) and other rehabilitation-focused initiatives are making substantial headway, especially as the current pandemic leads to increased addiction issues.

If an accused person fulfills a set of education, medical and mental health requirements, they can avoid trial and the courts will treat the charge as though it never happened. As North Carolina gives courts more and more discretion to help rather than punish people with addiction, many judges and others are embracing these interventions.

Does court-ordered rehabilitation work?

For many families and individuals, court-ordered rehab programs can seem like a stretch. After all, if your loved one hasn’t responded to other treatments, why would this be any different. However, National Institute on Drug Abuse research shows that court-ordered treatment impose a vital structure to people’s lives and can help addicts find critical support structure for recovery. They can make a difference.

The penalties you can face for possession depend on how much you are caught with. It is still considered a felony to have more than one-and-a-half ounces on your person at any given time. 

The National Organization for the Reform of Marijuana Laws states that in many cases, a person getting caught with marijuana for the first time will only be ticketed with the equivalent of a minor traffic offense. Do be aware that this is at the discretion of the courts. Even if you are caught with just less than a half an ounce of marijuana, the penalty can potentially be a misdemeanor charge with a fine of up to $200. 

It is still possible to face jail time for possession of more than half an ounce of marijuana. If caught with anywhere between 0.5 and 1.5 ounces, you can be charged with a misdemeanor, fined up to $1,000 and jailed for up to 45 days. 

The felony charge of possession of more than 1.5 ounces may result in a lengthy period of incarceration. At a maximum, you could be imprisoned for up to eight months. Even in a typical case, you could still be looking at a minimum of three months of prison time and a fine of up to $1,000. 

The state’s drug schedules can be found in Section 90-87 of the North Carolina Controlled Substances Act. They are broken down as follows:

• Schedule I: These are substances that present a high potential for abuse, have no currently accepted medical uses in the U.S. and are not considered safe even if used under the direction of a physician
• Schedule II: These are substances that present a high potential for abuse, do have currently accepted medical uses (or are allowed to be used under severe restrictions) and whose use may lead to a severe psychological and/or physical dependence
• Schedule III: These are substances that present a moderate potential for abuse, do have currently accepted medical uses, and whose use may lead to a mild dependence
• Schedule IV: These are substances that present a low potential for abuse, do have currently accepted medical uses, and whose use may lead to a limited dependence
• Schedule V: These are substances that do have currently accepted medical uses and present the lowest potential for abuse and the development of a dependence

Substances with no recognized medical uses, are believed to have a low potential for abuse or whose pharmacological effects need further study are grouped into Schedule VI.

Before facing a court date for selling drugs in the state, make sure you understand the possible sentences for this offense.

Class H offenses

You can receive a class H felony charge for possession of 28 to 200 grams of amphetamine, 50 to 250 dosage units of synthetic cannabis or 10 to 50 pounds of dry cannabis. A conviction for a class H felony for drug charges results in at least 25 months in prison.

Class G offenses

Possession of these amounts is a class G felony carrying at least 35 months in prison for conviction:

• MDMA: 28 to 200 grams or 100 to 500 units
• LSD: 100 to 500 units
• Methamphetamine: 200 to 400 grams
• Cocaine: 28 to 200 grams
• Synthetic cannabis: 250 to 1,250 units
• Dry cannabis: 50 to 2,000 pounds

Class F offenses

The mandatory minimum sentence for a class F felony is 70 months in prison. This sentence applies to the conviction for possession of:

• Heroin or prescription opiates: 4 to 14 grams
• MDMA: 200 to 400 grams or 500 to 1,000 units
• LSD: 500 to 1,000 units
• Methamphetamine: 200 to 400 grams
• Cocaine: 200 to 400 grams
• Synthetic cannabis: 1,250 to 3,750 units
• Dry cannabis: 2,000 to 10,000 pounds

Possession of larger amounts of controlled substances can receive categorization up to a Class C felony. Conviction at this level carries at least 225 months in prison. However, offenders who cooperate with prosecutors may be eligible for a waiver of the mandatory minimum prison sentence at the judge’s discretion. Conversely, longer sentences can result from extenuating circumstances such as distributing drugs to a minor, selling drugs in a school zone or using a minor to distribute controlled substances.

This new law makes selling an illegal substance to someone else who then dies from using that substance second-degree murder. This law not only holds people accountable for their part in the deaths of people addicted to opioids but also gives grieving families the opportunity to see someone held accountable for the death of their loved one.

Under this new law, depending on past convictions, a person could face 20 to 40 years in prison. While a conviction will not bring back someone who died, it can help take these drug dealers off the streets. It also sends a message to those who have not yet been caught that they are playing a very dangerous game with not only the lives of those to whom they sell the drugs but also with their own lives.

There is some concern that people may avoid seeking emergency help for an overdose victim. However, the Good Samaritan law already protects them from prosecution, and it is not the intention of this law to convict users but rather those selling the drugs. Plus, the death by distribution law has a special clause specifically addressing the exemption under the Good Samaritan law. This information is for education and is not legal advice.

Medical providers are encouraged to screen patients for possible drug abuse before prescribing medication. Most people who are provided pain killers take them as instructed and don’t have any further issues. However, those who are more susceptible to drug abuse tend to have certain characteristics, such as struggling with addiction previously or having mental health issues. When medical staff believes there is a substance abuse problem, they should take steps to get the patient help to deal with any addiction issues.

Pharmacists are also integral in preventing prescription drug abuse. If a forged or otherwise altered prescription is provided, a pharmacist should verify it before filling the order. Pharmacists should also provide information to patients when handing out their medication. Knowing about drug interactions is especially important, particularly when it comes to the effects of alcohol on the drug.

When given a prescription, patients must follow their doctor’s orders to the letter. This entails taking medicine in the doses provided, and not doubling up or even skipping doses. More importantly, a person should never take medication prescribed to someone else. Even if it’s the same medication as was prescribed to you in the past. it’s still not safe to take unless provided by your doctor.