My Cocaine Was Laced With Harder Drugs: What are My Penalties for Possession?

According to a recent study, up to 15% of all cocaine now contains fentanyl. Users may also unwittingly obtain cocaine “laced” with all kinds of other substances, including methamphetamine. What happens if you are caught with cocaine that has been laced with these harder drugs? Could you face heightened penalties for drug possession in North Carolina? This is something you might want to ask an experienced defense attorney. 

The Differences Between Cocaine and Fentanyl Possession

First, it is worth noting that cocaine and fentanyl fall within the same “schedule” in North Carolina. They are both Schedule II drugs, which means they have a high potential for abuse, addiction, and harm. When it comes to sentencing and penalties, however, there are notable differences between these drugs. 

The drugs are also similar in terms of penalties and sentencing. The possession of any amount of either fentanyl or cocaine is now a Class I felony, thanks to a recent fentanyl law passed by North Carolina lawmakers in 2021. As a result, possession of fentanyl laced with cocaine could potentially lead to numerous sentences and penalties.

Note that you could potentially face just three months in prison if caught with under 28 grams of cocaine. However, you may face more serious penalties if your cocaine contains a relatively high percentage of fentanyl. 

What if I Didn’t Know My Cocaine Contained Fentanyl?

If you were not aware that your cocaine contained a relatively high percentage of fentanyl, you should not face additional charges for possession of this drug. While both drugs are Schedule II substances, it is easier to face heightened penalties for possession of fentanyl. This is because the substance is extremely potent, to the point where even a few milligrams can cause a fatal overdose.

If prosecutors attempt to argue that you knowingly possessed a relatively large quantity of fentanyl, you could face heightened penalties for possession with intent to distribute (PWID). Therefore, it is important to establish that you were not aware of the fentanyl’s presence. Your defense lawyer may be able to help you argue that you had no idea that your dealer was lacing your cocaine with fentanyl. 

Text message evidence could be crucial in this situation. For example, you might have requested cocaine from your dealer via a text message. If you never specifically requested fentanyl, then prosecutors might struggle to prove you willingly and knowingly possessed enough fentanyl to trigger heightened penalties. 

Can a North Carolina Defense Attorney Help With Cocaine Possession Charges?

Average users are facing serious hazards due to the prevalence of laced cocaine. If you were not aware that your cocaine was laced with a harder drug like fentanyl, you should not face heightened penalties. Speak with an experienced criminal defense attorney in North Carolina to determine the most appropriate strategy for your specific situation. Reach out to Coastal South Law today to learn more about the next steps.