When people are consuming drugs, they often aren’t aware of whether children might be able to get ahold of them. Much like a loaded gun, a controlled substance can harm or even kill a child before anyone realizes what has happened.
A new North Carolina law that took effect last December increases the penalty for exposing anyone younger than 16 to a controlled substance. The offense is now a felony. The level of felony depends on whether a child ingested the drug at issue, and if that ingestion resulted in harm or death.
What does the law say?
Specifically, the law states that anyone “who knowingly, intentionally or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance” has committed a felony offense. Under the law, marijuana as well as narcotics and other “hard” drugs are considered controlled substances.
The determination of the level of felony is as follows (from least to most serious):
- Class H: Exposing a child to a controlled substance
- Class E: The child ingests (to “consume or absorb into the body in any way”) the substance but does not suffer any serious harm
- Class D: The child suffers serious physical injury (an injury –including mental injury that “causes great pain and suffering.”
- Class C: The child suffers serious bodily injury (creating a “substantial risk of death” or causing “permanent or protected” bodily damage)
- Class B1: The child dies as the result of ingesting a controlled substance, which is equivalent to the charge for death by distribution or second-degree homicide.
Note that the law does not apply to cases where someone “intentionally gives a child a controlled substance that has been prescribed for the child by a licensed medical professional…in the prescribed amount and manner.”
Additional consequences for parents and guardians
Prior to the change in the law, an adult could only be charged with a misdemeanor for exposing a child to a controlled substance if they weren’t seriously harmed. One North Carolina sheriff notes that if a parent or guardian is charged with this offense, “it will give social services a little extra evidence or push to try to get the child into a safer environment.”
No responsible parent wants to risk harming their (or any) child by exposing them to potentially dangerous drugs. Unfortunately, that can happen inadvertently for a variety of reasons. Further, it’s not always obvious just who the drugs belonged to or who placed them where a child could find them.
Anyone charged with this offense could face serious long-term consequences. As a result, it critical to get experienced legal guidance as soon as possible.