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Author: Admin | 2025-04-28
Treated violations of G.S. 90-107(a)(10) (obtaining controlled substances by fraud). See State v. Church, 73 N.C. App. 645 (1985).[Note that the following two bullet points have been edited for clarity and accuracy since the original publication of this post.]Because it contains amphetamine, Adderall is a Schedule II controlled substance. See G.S. 90-91(3) (any material containing a salt or isomer of amphetamine). That means it is a Class G felony to sell, and a Class H felony to manufacture, deliver, or possess with intent to manufacture, sell, or deliver. G.S. 90-95(a)(1), (b)(1).Possessing a Schedule II drug without a prescription is normally a Class 1 misdemeanor, but because Adderall contains amphetamine, possessing any quantity of it without a prescription appears to be a Class I felony. G.S. 90-95(a)(3), (d)(2) (making it a Class I felony to possess a Schedule II substance “[i]f the controlled substance is methamphetamine, amphetamine, phencyclidine, or cocaine”).If a student possesses or distributes a large enough quantity of Adderall in violation of the law, he or she would be guilty of amphetamine trafficking, G.S. 90-95(h)(3c), and its long mandatory prison terms. The minimum trafficking quantity for amphetamines is 28 grams, but that is the weight of the mixture – the entire pill or capsule – not just the active ingredient. I don’t know how much Adderall pills or capsules typically weigh, so I don’t know how many a person would need to have in order for the trafficking laws to apply.I also don’t know how often those criminal penalties are invoked. A few minutes on Google didn’t turn up any sign of criminal prosecutions for Adderall abuse in North Carolina. However, in other states, some lawyers are advertising themselves as Adderall defense attorneys (examples here and here), so I suspect there are at least some cases being brought. If
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