Does ASR apply to drug trafficking cases?

Probably not. The ASR law does not explicitly exclude drug trafficking offenses from its coverage, but how the law would apply to those offenses as a practical matter is unclear. The ASR date is determined based on the “shortest mitigated sentence for the offense at the offender’s prior record level.” Neither of those determining factors makes sense as applied to drug trafficking: there are no mitigated sentences for drug trafficking under G.S. 90-95(h), and drug trafficking sentences do not take prior record level into account.

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration