Under North Carolina law, it is illegal to make, sell, deliver, or possess many drugs. If you possess a lot of one of these drugs, or if you have scales, baggies, or other things along with the drug, you could be charged with Possession with Intent to Sell or Deliver Drugs (PWISD). PWISD is much more serious than a simple possession charge, and could result in significant jail time depending on the type of drug and your prior criminal record.

PWISD in North Carolina

North Carolina classifies drugs according to a “schedule.” The classification schedules can be found at G.S. 90-89 through G.S. 90-94 and range from Schedule I to Schedule VI.

PWISD Schedule I in North Carolina

Drugs which are classified as Schedule I have no medical benefit, and carry a high potential for abuse and addiction. This category of drugs includes:

• Some Opiates like Heroin
• Ecstasy or Molly
• Fentanyl
• Hallucinogens like Peyote
• GHB or “Date Rape” Drugs
• Some System Depressants like Methaloquone
• Some Stimulants such as MDPV
• Synthetic Cannabinoids or Spice

PWISD Schedule I drugs is punished as a Class H felony and carries a maximum potential punishment of 39 Months in jail.

PWISD Schedule II

Drugs which are classified as Schedule II have an acceptable medical use, but carry a high potential for abuse and addiction. This category of drugs includes:

• Raw Opium or its extracts such as Morphine
• Cocaine
• Methadone
• Methamphetamine

PWISD Schedule II drugs is punished as a Class H felony and carries a maximum potential punishment of 39 Months in jail.

PWISD Schedule III

Drugs which are classified as Schedule III have a potential for abuse or addiction that is less than Schedules I and II, and have an accepted medical use. This category of drugs includes:

• LSD
• Ketamine
• Anabolic Steroids

PWISD Schedule III drugs is punished as a Class I felony and carries a maximum potential punishment of 24 Months in jail.

PWISD Schedule IV

Drugs which are classified as Schedule IV have a low potential for abuse or addiction compared to Schedule III and have an accepted medical use. This category of drugs includes:

• Depressants like Alprazolam (Xanax)
• “Designer” Benzos
• Certain Stimulants like Modafinil (Provigil)

PWISD Schedule IV drugs is punished as a Class I felony and carries a maximum potential punishment of 24 Months in jail.

PWISD Schedule V

Drugs which are classified as Schedule V have a low potential for abuse or addiction compared to Schedule IV and have an accepted medical use. This category of drugs includes:

• Codeine
• Certain Stimulants
• Anticonvulsants

PWISD Schedule V drugs is punished as a Class I felony and carries a maximum potential punishment of 24 Months in jail.

PWISD Schedule VI

Drugs which are classified as Schedule IV have no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects. This category of drugs includes:

• Marijuana

PWISD Schedule IV drugs is punished as a Class I felony and carries a maximum potential punishment of 24 Months in jail.

PWISD and Trafficking Drugs are not the same.

PWISD deals with the circumstances surrounding the possession of certain drugs, while Trafficking deals strictly with possession of certain amounts of those drugs. For example, if you possess 3.9 grams of Heroin, you could be charged with PWISD Heroin, but if you possess 4 grams of Heroin, you could instead be charged with Trafficking in Heroin. Trafficking drugs is far more serious than PWISD, and the punishment is significantly higher.

What can a criminal defense lawyer do for you?

A good criminal defense lawyer is invaluable in helping you to fight a PWISD Drug charge. They can investigate why you were arrested, and determine if the police violated your constitutional rights during your arrest. An experienced criminal defense lawyer will also challenge the government on the “intent” required for PWISD. This means that they can keep the government from proving that you intended to possess drugs with the intent to sell or deliver them. If successful, the charges could be reduced to possession, or dismissed.

If you have been charged with PWISD Drugs, we can help!

Attorney Ronald J. Shook has represented hundreds of people who have been charged with PWISD Drugs, and can form a defense strategy that will save you time, stress, and your freedom. If you were charged with a PWISD Drug offense, contact our office to discuss how we can help.