While Schedule III drug charges may not seem as dangerous as those involving other illegal substances, a conviction can have significant consequences for your reputation, freedom, and future. Let a criminal defense lawyer from Hancock Law Firm help you fight back and seek a fair resolution to your case. When you come to us for assistance, you can expect our attorneys to treat you like a person, not just another case number, and to work hard to reduce the anxiety and stress you’re feeling right now. Contact our firm today for an initial case evaluation, and give yourself the peace of mind that comes from knowing you have a seasoned professional in your corner.
What Are Schedule III Drugs?
Under North Carolina’s Controlled Substances Act, Schedule III drugs include controlled substances that have currently accepted medical uses in the U.S. and less of a potential for abuse than Schedule I or II substances, and such abuse may lead to low to moderate physical dependence or high psychological dependence.
Examples of Schedule II drugs in North Carolina include:
- Lysergic acid
- Any compound or mixture containing pentobarbital
- Ketamine
- Any compound or mixture containing 1.8 grams per 100 milliliters or less per dosage unit of codeine
- Any compound or mixture containing buprenorphine
- Paregoric
- Any compound or mixture containing benzphetamine
- Anabolic steroids
- Any product containing gamma-hydroxybutyric acid
The law and medical experts consider Schedule III drugs less dangerous than Schedule I or II drugs because, unlike Schedule I drugs, Schedule III drugs have accepted medical uses (including uses under strict medical supervision). Schedule III drugs also have a lower risk for abuse or dependence than Schedule I or II drugs, meaning these drugs less frequently result in addiction that may lead to public health issues or criminal activity.
Types of Schedule III Drug Crimes
Examples of criminal offenses that people may commit with Schedule III drugs include:
- Simple possession: A person may commit a simple possession offense when they possess Schedule III drugs intending to consume those drugs
- Possession with intent to distribute: A factfinder may find a defendant guilty of possession of Schedule III drugs with intent to distribute based on factors indicating a defendant’s intent to distribute, such as communications to arrange distribution, the quantity of drugs in the defendant’s possession, or the defendant’s possession of drug packaging equipment or materials.
- Illegal drug sales: A person may face prosecution for selling Schedule III drugs without the license(s) required by state law.
- Illegal manufacturing: A person may commit a crime by manufacturing or processing Schedule III drugs without authorization.
- Drug trafficking: Transporting drugs (including across state lines or national borders) constitutes the offense of drug trafficking.
Penalties for Schedule III Drug Crimes
Penalties for Schedule III drug offenses may depend on the nature of the crime, the quantity of drugs involved, the defendant’s criminal history, and the aggravating and mitigating factors in the case. Under North Carolina law, manufacturing, delivering, or possession with intent to manufacture, deliver, or sell a Schedule III substance constitutes a Class I felony. The sale of Schedule III substances constitutes a Class H felony. Simple possession of Schedule III drugs constitutes a Class 1 misdemeanor unless the offense involves more than 100 tablets, in which case the offense becomes a Class I felony.
Furthermore, various aggravating factors can increase the grading of a Schedule III drug crime. For example, a second or subsequent drug conviction may increase a misdemeanor offense to a Class I felony. Adults who sell Schedule III drugs to minors under 16 but older than 13 or a pregnant female may face a Class D felony offense; selling Schedule III substances to minors 13 and younger constitutes a Class C felony. Committing an offense on or within 1,000 feet of an elementary or secondary school or a childcare center constitutes a Class E felony. Adults 21 and older who commit offenses in or within 1,000 of a public park also face Class E felony charges. Committing an offense at a jail or prison constitutes a Class H felony.
Sentencing ranges for Schedule III drug crimes include:
- Class C felony:44 to 393 months
- Class D felony: 38 to 160 months
- Class E felony: 15 to 64 months
- Class H felony: Four to 25 months
- Class I felony: Three to 12 months
- Class I misdemeanor: One to 120 days
Defenses to Schedule III Drug Offenses
An individual facing prosecution for a Schedule III drug crime may have various defenses against their charges, such as:
- Lack of possession: Defendants may deny having actual or constructive possession of the Schedule III drug seized by the police.
- Lawful possession: A defendant may present evidence of their valid prescription justifying their possession of the Schedule III drug.
- Lack of evidence: Defendants may argue that the prosecution failed to conduct lab testing to confirm the seized substance’s nature or challenge the reliability of confirmation testing.
- Unlawful search or seizure: A defendant may seek to exclude the drugs or other evidence from the prosecution’s case by arguing that police conducted an unlawful search or interrogation that led to the discovery of evidence or inculpatory statements by the defendant.
How Can a Criminal Defense Attorney Help?
A criminal defense attorney can help you pursue a fair resolution to your Schedule III drug charges by:
- Thoroughly investigating your charges to obtain evidence for your defense
- Evaluating your legal options for a favorable resolution to your charges, including available defense strategies or alternatives to prosecution
- Helping you understand your charges and the potential outcomes so you can make informed decisions
- Challenging the prosecution’s case by moving to exclude unlawfully obtained evidence or to dismiss/reduce your charges due to a lack of evidence
- Fighting for the best possible outcome for your case, even if that means going to trial
Contact Our Firm Today to Discuss Your Options
If you’ve been arrested and charged with a drug offense involving Schedule III controlled substances, you need experienced legal representation to help you seek a favorable outcome to your criminal case. Contact Hancock Law Firm today for a confidential consultation with a drug crime defense attorney to learn how we can help you protect your rights, reputation, and future from the potential consequences of a Schedule III drug offense.