Although several states have legalized the recreational use of marijuana, it’s crucial to remember that possession of marijuana is still considered a crime in North Carolina. Even if you don’t have a previous criminal record, you could face jail time, fines, and a permanent criminal record if you’re convicted of marijuana possession. This is a serious matter that requires immediate attention.
The criminal defense attorneys at Greene Wilson Crow & Smith, with our extensive experience and dedication, believe that possessing a small amount of marijuana shouldn’t ruin a person’s life. If you’ve been charged with marijuana possession in North Carolina, our legal defense team will work diligently to pursue the best outcome possible in your case. We will fight to keep your record clean regarding drug convictions.
Possession of Marijuana Is Still a Crime in North Carolina
Many people who are charged with possession of marijuana are surprised that law enforcement still enforces the prohibition of marijuana. Perhaps you were visiting family members or vacationing in North Carolina and found yourself charged with possession of marijuana.
Alternatively, you may live here, but you may not have realized that possession of a small amount of marijuana is still illegal here. Whatever the circumstances of your case, it’s important to understand the different types of marijuana possession charges in North Carolina.
Possession of Hemp and CBD in North Carolina
A federal farm bill legalized temp in 2018. similarly, North Carolina law allows people to possess any product sourced from hemp that contains less than .3 percent delta-9 THC concentration. Rules for what type of cannabis products are legal depend on the concentration of delta-8 THC. CBD does not cause a high, and it has been marketed commonly in oils, foods, and lotions. As a result, possession of CBD is not legal in North Carolina. Still, the possession of marijuana, including dried flowers, stems, leads, and seeds is illegal because they contain more than 100 cannabinoids.
Class 3 Misdemeanor Charges for Possession of Marijuana
The quantity of marijuana categorizes marijuana charges in a person’s possession at the time of arrest. When law enforcement officers suspect a person is distributing marijuana, even if it’s a small amount, the charges will be more serious. North Carolina is behind the curve when it comes to legalizing marijuana. Most drug charges in this state are for possession of relatively small amounts of marijuana.
Class 3 misdemeanor charges for possession of marijuana involve the possession of half of an ounce of marijuana or less. The penalty for this crime is a fine of $200, 30 days in jail, or both. However, courts rarely imposed jail time for Class 3 misdemeanor charges. Usually, defendants only face jail time if they have a prior criminal record.
Class 1 Misdemeanor Charges for Possession of Marijuana
Prosecutors can charge defendants with Class 1 misdemeanor marijuana possession when they are found to have between half an ounce and one and a half ounces of marijuana. The penalties for Class 1 misdemeanor charges include a fine of up to $500, up to $120 days in jail, or both.
While the penalties for a Class 3 or Class 1 misdemeanor charge may seem less severe, a conviction will still result in a criminal record. This record could significantly impact your employment, career, and housing opportunities. Therefore, it’s crucial to take any marijuana-related charge seriously and seek legal defense.
Class 1 Felony Charges for Possession of Marijuana
Felony charges are much more serious than misdemeanor charges. Defendants can be charged with felony marijuana possession if they are found to have more than one and a half ounces or up to 10 pounds of marijuana. The penalties include up to 8 months in jail, a fine of up to $1,000, or both. Additionally, prosecutors can charge a defendant with a Class 1 felony if they have prior convictions involving possession of more than .05 ounces of marijuana.
Aggravating Factors in Marijuana Possession Cases
The penalties for marijuana possession in North Carolina can be harsher when aggravating factors are present. Aggravating factors make the charges more severe. In drug possession cases, they often include bringing marijuana into the county for the purpose of distributing it to minors.
For example, when a person is found with marijuana near a school building, they can face harsher penalties. When law enforcement finds drug paraphernalia along with marijuana, defendants can face additional criminal charges. Paraphernalia items are any tool, even basic kitchen tools, that could be used for storing, smoking, processing, harvesting, or selling marijuana.
Marijuana Distribution Charges
Prosecutors and law enforcement officers may bump up the charge from simple possession of marijuana to a much more serious charge of distribution. However, to convict a definitive distribution of marijuana, they will need to prove that the defendant was selling, providing, or delivering marijuana.
Defendants can be charged with a Class 1 felony for distribution of marijuana when they are found with a relatively small amount of marijuana. In many cases, prosecutors overcharged defendants. They may claim that a person was Distributing marijuana based on speculation. If you’re facing distribution charges, our skilled criminal defense attorneys can work with you to reduce the charges against your two simple possessions or, in the best-case scenario, dismiss the charges against you entirely.
Fighting for Individuals Charged with Marijuana Possession
The attorneys at Greene Wilson Crow & Smith will work with you to provide you with a legal defense tailored to your case. We will explore all options, including deferment, and fight to have the charges against you dismissed so you can avoid the consequences of having a permanent criminal record. We are committed to securing the best possible outcome for you.
Contact a Possession of Marijuana Defense Attorney in North Carolina
If you’re facing a charge of marijuana possession, it’s vital to speak to a criminal defense attorney as soon as possible. The attorneys at Greene Wilson Crow & Smith have a successful track record of securing dismissals of drug charges, negotiating favorable plea deals, and helping eligible clients pursue deferred prosecution. Don’t delay-contact Greene Wilson Crow & Smith to schedule a case evaluation with a skilled criminal defense attorney.