Attorney for Intent to Sell Charge in Charlotte: Understanding North Carolina Drug Laws

Facing a drug charge in Charlotte can be overwhelming, especially when that charge involves an accusation of “possession with intent to sell or deliver,” sometimes abbreviated as PWISD. These cases typically are more serious than simple possession charges. If convicted, the long-term consequences could include a felony conviction record, potential jail or prison time, and issues finding housing or employment in the future.

This overview explains the basics of PWISD laws in North Carolina, including some typical felony classifications, possible penalties, and the difference between standard PWISD and more serious trafficking offenses.

It is intended for readers who may be unfamiliar with the legal system—particularly for anyone who has been charged or have a loved one dealing with a PWISD case in Charlotte.

If you have questions about the specifics of your legal matter, the legal team at Powers Law Firm would like to help.  Give us a ring or TEXT 704-342-4357.  What you share with our lawyers in consultation is confidential and we don’t charge anything for the initial consultation for PWISD charges in Charlotte.

What Is “Possession with Intent to Sell or Deliver” (PWISD)?

North Carolina law makes it illegal to manufacture, sell, deliver, or possess a controlled substance with the intent to sell or deliver it. The word “intent” is key. For the State to prosecute a PWISD charge, law enforcement and prosecutors generally need to show evidence that goes beyond mere personal use. This evidence might include things like:

• Packaging materials like small baggies or vials.
• Scales, large sums of cash, or paraphernalia indicating distribution.
• Statements or witness accounts suggesting drugs were for sale.
• The quantity of the controlled substance, if it’s unusually large (more than for personal use).

Even so, an arrest alone does not automatically prove guilt. Facts can vary widely from one case to another, and each defendant’s situation deserves individual consideration.

Pretrial Release from Jail and BOND

Possession vs. PWISD vs. Trafficking

While “possession” refers to having a controlled substance (potentially for personal use), “possession with intent to sell or deliver” involves additional factors suggesting selling drugs or distribution of controlled substances. Trafficking, on the other hand, is in its own category. The law sets specific weight or dosage thresholds at which an offense automatically becomes “trafficking,” triggering mandatory minimum sentences. Some important distinctions include:

• Simple Possession: Often charged as a misdemeanor for smaller amounts of certain drugs (e.g., a small quantity of marijuana). However, it can be a felony for higher schedules or larger quantities.
• PWISD: Typically charged when there is evidence the accused planned to sell or distribute a substance.
• Trafficking: Charged based on total weight or dosage of the controlled substance, regardless of whether the accused actually intended to distribute. Once the amount meets or exceeds certain thresholds, the law treats it as “trafficking,” carrying significantly harsher penalties.

Because these categories can overlap or shift, understanding exactly what the State has charged—and why—is one of the first steps in dealing with any alleged drug offense.

When is a Patdown Search Legal? 

Felony Classifications for PWISD

In North Carolina, controlled substances are grouped into different “schedules.” Generally speaking:

• Schedules I & II (e.g., heroin, cocaine, methamphetamine, and certain opiates) are considered more serious.
• Schedules III, IV, V & VI can include a range of substances like anabolic steroids, some prescription medications, and marijuana.

When a person is charged with PWISD for a Schedule I or II substance, it is typically considered a Class H felony (unless it involves a sale, which can elevate it to Class G). If the substance is in Schedules III through VI, a typical PWISD charge can be classified as a Class I felony (but the sale of those schedules is a Class H felony).

What do these classes mean? In North Carolina, felonies are organized by letters (from Class A for the most severe to Class I for lower-level felonies). Class H and Class I are on the lower end of the felony spectrum but can still carry significant penalties.

Traffic Stops:  Understanding Your Rights 

Common Factors in PWISD Cases

In Charlotte and throughout North Carolina, officers and prosecutors often examine the specifics of the case before deciding whether to pursue PWISD charges, including:

1. Quantity of the Substance
   If someone is carrying an amount that appears inconsistent with personal use, that can raise the implication of the intent to sell.
2. Packaging and Distribution Tools
   Multiple smaller bags, digital scales, or pay-owe ledgers could lead law enforcement to suspect a distribution operation.
3. Location and Surroundings
   Drug transactions near schools, childcare centers, or public parks can enhance or escalate charges, as North Carolina law provides more severe penalties under certain circumstances.
4. Statements or Recorded Evidence
   Text messages, social media posts, or recorded phone calls all might be used in court to show an alleged intent to distribute.
5. Prior Record
   A person’s prior record level can influence sentencing. Even if the offense class remains H or I, prior convictions or PRL – Prior Record Level can affect whether the judge imposes an active jail sentence or some alternative.

Every case is different. A single small fact, such as how the narcotics were packaged or whether there was money changing hands, can shift the nature of the charges.

Stop Talking & Lawyer Up:  Here’s Why

Penalties and Sentencing Considerations

In North Carolina, felony sentencing follows a structured sentencing grid that considers both the class of the offense and the defendant’s prior record level (PRL). For a typical first-time PWISD charge involving a Schedule I or II substance (Class H felony):

• The presumptive punishment range might allow for a suspended sentence or intermediate sanction.
• However, the court could still impose an active sentence, meaning time behind bars, especially if there are aggravating factors (like possession of a firearm or previous convictions).

Similarly, a Class I felony for PWISD (involving lower schedules) can still lead to incarceration, but the sentencing ranges are typically less severe than those for Class H. It is important to note that a judge has discretion within the guidelines, and outcomes can vary dramatically depending on the specifics of a case.

No Mandatory Minimum for Standard PWISD
Unlike trafficking offenses, standard PWISD typically does not include a mandatory minimum prison term. The judge weighs aggravating and mitigating factors (such as lack of prior record vs. the severity of the circumstances) and chooses within the structured guidelines.

Lab Reports & Expert Witness Testimony: What You Need to Know

What About Trafficking Thresholds?

If the weight or dosage of the controlled substance crosses certain statutory thresholds, the State may bring “trafficking” charges, even if there is no direct evidence of sales. Trafficking cases fall under a separate set of laws in North Carolina, which outline mandatory minimum sentences that judges must impose unless very specific conditions are met. For instance:

• Trafficking in Cocaine may begin at 28 grams, carrying a minimum prison term of 35 months.
• Trafficking in Marijuana can start at 10 pounds, also bringing a mandatory period of incarceration.
• Trafficking in Opioids (heroin, fentanyl, or other opiates) can start at as little as four grams and result in a minimum of 70 months in prison, depending on the exact substance.

Because mandatory minimums can be quite lengthy, some people do not realize how quickly a standard PWISD situation might escalate to a trafficking case if the weight passes these statutory cutoffs. Experienced defense lawyers will want to review evidence of the State’s calculations of drug weight or dosage units to confirm accuracy. The legal team at Powers Law Firm only handles STATE drug charges and does not accept cases for legal representation for federal drug charges.

What is Probable Cause? 

Why Legal Counsel Matters

Facing a PWISD charge in Charlotte is no small matter. Whether the substance is a powerful opioid or a lower-level prescription medication, the felony label alone can have lasting ramifications. North Carolina drug laws are extensive, and making sense of them can be confusing without guidance. That’s one reason why we think it makes sense to Lawyer Up.

Potential Issues to Explore
A defense attorney might:

• Look at the manner of any search or seizure to see if law enforcement followed statutory and constitutional protocols.
• Review the accuracy of lab results and the chain of custody for the evidence.
• Examine witness statements for consistency and credibility.
• Review whether the quantity truly suggests intent to distribute or if the accused had personal use.

No Guaranteed Outcomes
While a defense lawyer may be able to negotiate with prosecutors for a reduced charge or seek a dismissal based on weaknesses in the State’s evidence, no outcome is ever promised. The final resolution depends on the facts, the prosecutor’s discretion, and the court’s judgment. Still, seeking legal counsel early on can help ensure any potential defenses are identified and pursued.

How Police Investigate BEFORE an Arrest

Your Charlotte Lawyers: Powers Law Firm

North Carolina’s PWISD laws can be complicated, especially regarding which schedules apply, how much weight triggers trafficking, and what sentencing guidelines control the outcome in court. Charges involving possession with intent to sell or deliver typically count as felonies—often Class H for Schedules I or II, or Class I for Schedules III through VI. However, if a sale is alleged or the quantity meets trafficking thresholds, the legal consequences may be more serious.

Anyone charged with a PWISD offense would do well to learn about the possible penalties and how courts approach these cases. Early consultation with an attorney can offer clarity, including whether a case might involve an unconstitutional search, incorrect lab procedures, or another legal issue that might affect the final resolution. Although no legal counsel can promise a specific result, having an informed defense strategy can be important in addressing PWISD allegations in Charlotte or anywhere else in North Carolina.

The legal team at the Powers Law Firm in Charlotte handles a variety of criminal charges, including allegations of possession with intent to sell or deliver. The attorneys at our firm approach each matter on a team basis, reviewing the specific facts, police reports, and any available video or lab evidence. We understand that everyone’s situation is different. We want to provide clear explanations of your legal rights and possible outcomes.

Powers Law firm is located at 2412 Arty Avenue in Charlotte NC. If you’d like more information please call or EXT 704-342-4357 to schedule a consultation. You may also fill out an online inquiry form at CarolinaAttorneys.com or email Bill Powers directly at Bill@CarolinaAttorneys.com