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Carilyn Ibsen PLLC
Defending Clients in North Carolina and South Carolina

Drug Sales

Possession of a Controlled Substance with Intent to Sell,
Manufacture, or Deliver

 

Mecklenburg County Possession of Controlled Substance Attorney (888) 543-2427


If you are arrested for possession of a controlled substance with intent to manufacture, sell or deliver, you may be charged with a violation of GS 90-95(a)(1). The punishment level differs depending on the type and amount of drug seized. Drug sale charges are filed as felonies.


The elements needed to prove to a person guilty of possession of controlled substance with intent to manufacture, sell or deliver are as follows:

  1. A person knowingly possessed a controlled substance
  2. With the intent to manufacture or sell or deliver it.

Most of these cases are won or lost on the element of intent to sell. In order to prove intent to sell, the prosecutor will often use a police officer with a background in narcotics as an “expert witness” in drug sale cases. Often the officer will rely on circumstantial evidence to support his conclusion that the defendant had the intent to sell. Sometimes an officer will testify that the amount of drug seized exceeds reasonable personal use. Other facts that an officer will use to form the opinion the defendant had the intent to sell drugs include the presence of a scale when the defendant was arrested; whether there were multiple plastic baggies present; whether the defendant was found with “pay/owe” sheets which are used to remember who owes him/her money for sales; presence of a pager or cell phone. These are just some facts that an officer will use to form the opinion the defendant was selling drugs.

 

Drug Trafficking

 

Drug Trafficking in North Carolina

Drug Trafficking laws in North Carolina are complex and designate a numerous drugs and controlled substances as illegal. Drugs that are specifically addressed in drug trafficking statutes include marijuana, methaqualone, cocaine, opium, heroin, amphetamine, methamphetamine, LSD, MDA and MDMA.  All trafficking cases are filed as felonies and an accused faces substantial jail time; the punishment can vary based upon a persons past criminal record and the amount of drug seized.

 


If you are accused of possession of a controlled substance with intent to sell, please contact Mecklenburg County Criminal Defense Attorney Carilyn Ibsen at (888) 543-2427.

 

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