CRIMINAL DEFENSE · GREENSBORO · GUILFORD COUNTY · HIGH POINT, NC
Charged with Drug Possession, PWISD, or Drug Trafficking in Greensboro?
From simple marijuana possession to felony drug trafficking, our Board Certified criminal defense attorneys fight drug charges throughout Guilford County — at every level
UNDERSTANDING YOUR CHARGE
Drug Charges in North Carolina Are Not All the Same
North Carolina drug law is layered and specific. The charge you face depends on the substance, the quantity, what the State believes you intended to do with it, and whether you were near a school or park. A simple possession of marijuana is treated entirely differently from a charge of trafficking cocaine — and the difference in penalties can be decades of your life. The governing statutes are found in N.C. Gen. Stat. § 90-86 through § 90-113, the North Carolina Controlled Substances Act.
Attorney Brennan Aberle built much of his career defending drug cases as a Guilford County Public Defender. He knows exactly how the DA's office builds these cases, having years of experience defending them. If you've been charged anywhere in Guilford or Rockingham County, call us before your next court date.
TYPES OF CHARGES
The Four Major Drug Charge Categories in NC
North Carolina law breaks down drug offenses into several categories. Which one you're charged with — and how aggressively it's prosecuted — depends on the facts of your specific case.
N.C.G.S. § 90-95(a)(3)
Possessing a controlled substance without a valid prescription. The severity depends on the drug's schedule, ranging from low-level marijuana offenses to felony possession of Schedule I or II substances.
N.C.G.S. § 90-95(a)(1)
Prosecutors allege you intended to distribute drugs based on evidence like quantity, packaging, scales, cash, or communications—even if no sale actually occurred.
N.C.G.S. § 90-95(h)
Triggered by statutory weight thresholds rather than proof of selling. Convictions carry mandatory minimum prison sentences that judges generally cannot reduce.
N.C.G.S. § 90-108(a)(7)
Allegations that a residence, vehicle, or other property was used for storing or selling drugs. Frequently charged alongside other drug offenses.
NC DRUG SCHEDULES
How NC Classifies Controlled Substances
North Carolina organizes controlled substances into six Schedules under the NC Controlled Substances Act. Schedule I substances are considered the most dangerous with no accepted medical use. Schedule VI is the lowest classification. The Schedule of the substance you're charged with directly determines the severity of your charge.
| Schedule | Common Substances | Simple Possession Charge |
|---|---|---|
| Schedule I | Heroin, Fentanyl analogs, Ecstasy (MDMA), Bath salts | Class I Felony |
| Schedule II | Cocaine, Methamphetamine, Oxycodone, Fentanyl, Adderall (without Rx) | Class I Felony |
| Schedule III | Anabolic steroids, Ketamine, some barbiturates | Class 1 Misdemeanor |
| Schedule IV | Xanax, Valium, Ambien, Klonopin (without Rx) | Class 1 Misdemeanor |
| Schedule V | Cough preparations with small amounts of codeine | Class 2 Misdemeanor |
| Schedule VI | Marijuana, Hashish, THC concentrate | Class 3 Misd. (½ oz or less) |
DRUG TRAFFICKING — NC’S MOST SERIOUS DRUG CHARGE
Trafficking Thresholds and Mandatory Minimums
Unlike most crimes, NC drug trafficking carries mandatory minimum sentences that judges have no discretion to reduce. If you're convicted, you are going to prison for at least the minimum period. The weight threshold that triggers trafficking is often lower than people expect. These are not charges to face without experienced, Board Certified criminal defense counsel.
Trafficking Thresholds by Substance
Possession of at or above these weights triggers trafficking — regardless of intent to sell.
Trafficking convictions also carry active sentences, meaning probation is not available unless the court makes specific findings. Even a first-time trafficking defendant with no prior record faces mandatory prison time. If you're facing a trafficking charge in Guilford County, call us immediately. Brennan Aberle has handled dozens of drug trafficking cases and knows how to challenge the evidence from search and seizure through trial.
WHAT’S REALLY AT STAKE
A Drug Conviction Follows You for Life
Beyond jail time, a drug conviction in North Carolina carries consequences that affect nearly every part of your life. Even a first-offense misdemeanor can close doors you didn't know were open.
The right defense attorney can fight to keep a drug conviction off your record entirely — through dismissal, deferred prosecution, conditional discharge, or expungement after resolution. Our goal is always to minimize the long-term impact on your life, not just the immediate sentence.
HOW WE DEFEND YOU
Defense Strategies for Drug Charges in Guilford County
Every drug case is different. Our approach starts with a thorough review of every piece of the State's evidence — from the traffic stop to the lab report. Here are the most common and effective defenses we use.
The Fourth Amendment protects you from unreasonable searches. If law enforcement searched your car, home, or person without a valid warrant or a recognized exception, we file a motion to suppress the evidence. No evidence — no case. This is one of the most powerful tools in drug defense.
Just because drugs were found in a space you occupied doesn't mean you possessed them. If drugs were found in a shared car, a common area, or another person's belongings, the State must prove you knew about them and had the ability to control them. Remember, the burden falls on the State to prove beyond a reasonable doubt.
Drug evidence must be properly collected, stored, and tested. We scrutinize the chain of custody for every piece of evidence and challenge lab reports where testing procedures were improper, contaminated, or inconclusive. Lab errors happen more than people realize.
PWISD requires the State to prove intent to sell or deliver. Quantity alone is rarely sufficient. We challenge the inference of intent by accounting for personal use and contesting the circumstantial evidence used to establish distribution intent.
In trafficking cases, every gram matters. We challenge the weight used by the State—including the weight of packaging materials included in calculations, wet weight vs. dry weight, and the accuracy of the scales used. Reducing the weight below a threshold can eliminate mandatory minimums entirely.
For first-time offenders and certain misdemeanor charges, North Carolina offers pathways that keep a conviction off your record. Conditional Discharge under N.C.G.S. § 90-96 is available for some possession charges. We negotiate aggressively for these outcomes when available.
WHY CHOOSE OUR FIRMS
Greensboro's Trusted Drug Defense Attorneys
Board Certified in Criminal Law
Brennan Aberle and Julie Connolly are among fewer than 4% of NC attorneys certified as Criminal Law Specialists by the NC State Bar. This is not a marketing claim; it is a credential that requires peer review and rigorous testing.
Serving All of the Triad
From Greensboro to High Point, Reidsville to Eden — we serve clients across Guilford and Rockingham counties.
Drug Cases Are a Core Focus
Drug charges — from simple possession to felony trafficking — are a core part of Brennan's practice. He focuses heavily on drug trafficking, PWISD, and possession of a firearm by a felon cases. You're not getting a generalist.
Former Guilford Assistant Public Defender
Brennan began his career as a Guilford County Assistant Public Defender. He has argued drug cases before the same judges, against the same prosecutors, in the same courtrooms you'll be standing in. That matters.
Se Habla Español
Julie Connolly and paralegal Jeremy Cruz speak fluent Spanish. Many of our drug defense clients are Spanish-speaking and value communicating directly with their attorney in their native language without a translator.
Frequently Asked Questions
Your Drug Charge Questions Answered
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Simple possession means the State believes you had drugs for personal use. PWISD (Possession with Intent to Sell or Deliver) means the State believes you intended to distribute. Prosecutors typically upgrade to PWISD based on quantity, packaging, the presence of scales or cash, communications on your phone, or statements from informants. The distinction is critical — PWISD is a felony that carries potential prison time and permanent record consequences that simple possession does not.
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Yes — drug charges are dismissed regularly in Guilford County. Common grounds for dismissal include unlawful search and seizure (motion to suppress), insufficient evidence to establish possession or intent, chain of custody problems with the drug evidence, and lab testing errors. Even when full dismissal isn't possible, charges are frequently reduced or resolved through deferred prosecution or conditional discharge, keeping convictions off your record entirely.
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Conditional Discharge is a first-offender provision in North Carolina law that allows certain people charged with drug possession to complete probation and have the charge dismissed and potentially expunged. It is available for first-time offenders charged with possession of most controlled substances. It is not automatic — it requires court approval — but our attorneys negotiate for this outcome regularly for eligible clients.
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It depends on the substance and the weight. For example, trafficking cocaine (28–200 grams) is a Class G felony with a mandatory minimum of 35 months. Trafficking heroin or fentanyl (4–14 grams) is a Class F felony with a mandatory minimum of 70 months. These are prison sentences, not probation. The mandatory minimum cannot be reduced by the judge — only by substantial assistance cooperation with prosecutors, which carries its own complications. Call us immediately if you're facing a trafficking charge.
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In limited circumstances, yes. North Carolina's Second Chance Act expanded expungement eligibility significantly. Certain non-violent drug felonies may be eligible for expungement after a waiting period. Dismissed charges are almost always expungable. Our attorneys will review your full record and advise whether expungement is available in your situation. See our expungement page for more detail.
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This is one of the most common drug defense scenarios we handle. The State must prove you had "constructive possession" — meaning you knew the drugs were there AND had the ability to control them. If the car was shared, if others had access, or if the drugs were hidden and you had no knowledge of them, we can challenge the constructive possession element directly. This is a winnable issue. Do not plead guilty before speaking with an attorney.