Under North Carolina General Statute § 90-95(h), drug trafficking charges are based solely on the weight of the drug involved. You don’t have to be caught selling, packaging, or distributing narcotics, possessing, transporting, or manufacturing more than a set amount is enough to trigger a trafficking offense.

These charges come with mandatory minimum prison sentences and steep fines. Judges have little to no discretion to reduce these penalties unless the defendant qualifies for limited exceptions, such as substantial assistance to law enforcement.

Drug Amounts and Sentencing: Meth, Fentanyl, Cocaine, and Marijuana

Here’s a simplified guide to the most commonly prosecuted drug trafficking offenses in North Carolina, with the weight thresholds and minimum penalties:

Methamphetamine

• 28–199 grams: 70 months minimum prison, $50,000 fine

• 200–399 grams: 90 months, $100,000 fine

• 400+ grams: 225 months, $250,000 fine

Fentanyl / Heroin / Opioids

• 4–13 grams: 70 months, $500,000 fine

• 14–27 grams: 90 months, $750,000 fine

• 28+ grams: 225 months, $1,000,000 fine

These enhanced fines reflect recent legislative changes responding to the opioid crisis.

Cocaine (Powder or Crack)

• 28–199 grams: 35 months, $50,000 fine

• 200–399 grams: 70 months, $100,000 fine

• 400+ grams: 175 months, $250,000 fine

Marijuana

• 10–49 pounds: 25 months, $5,000 fine

• 50–1,999 pounds: 35 months, $25,000 fine

• 2,000–9,999 pounds: 70 months, $50,000 fine

• 10,000+ pounds: 175 months, $200,000 fine

Even first-time offenders are subject to mandatory active prison time. Probation is not an option unless specific exceptions apply.

Why Serious Drug Cases Often Go Federal

In North Carolina, high-level drug trafficking cases are frequently adopted by the United States Attorney’s Office and prosecuted in federal court, where sentencing laws are even harsher. This shift to federal jurisdiction is more likely when:

• Firearms are involved (triggering federal charges under 18 U.S.C. § 924(c))

• Large-scale drug conspiracies span multiple counties or states

• The defendant has a serious criminal record, exposing them to career offender enhancements

• Joint state–federal investigations (e.g., DEA or ATF task forces) are involved

Once federal prosecutors take over, sentencing is governed by the U.S. Sentencing Guidelines, and gun enhancements often result in additional, consecutive prison terms. A defendant who might serve 5–6 years in state court could easily face 15–20 years or more in federal court if a firearm is involved.

What You Should Do If Charged

If you or someone you care about is facing a drug trafficking charge, early legal intervention can make all the difference. At Ryan Willis Law PLLC, we focus on:

• Challenging the weight of drugs through lab testing or suppression motions

• Exploring eligibility for substantial assistance relief

• Preparing federal-level mitigation, even in state cases that may be adopted

• Protecting your rights and future at every stage

Facing a Drug Trafficking Charge in North Carolina or Federal Court?

Contact Ryan Willis at Ryan Willis Law PLLC today for a confidential consultation. With nearly two decades of criminal defense experience, including extensive work in federal drug trafficking cases, I understand the high stakes, and how to build an aggressive, strategic defense.