Marijuana is still illegal in North Carolina, although many states have legalized the use of marijuana for medicinal and recreational purposes. North Carolina has strict marijuana laws that criminalize the possession, sale, and cultivation of marijuana. Possessing any amount of marijuana can result in criminal charges and severe consequences.
Types of Marijuana Possession Charges in North Carolina
In North Carolina, there are two types of marijuana possession charges: simple possession and possession with intent to sell or distribute. Simple possession is a misdemeanor offense, while possession with intent to sell or distribute is a felony offense.
Simple Possession
Simple possession is the most common marijuana possession charge in North Carolina. Simple possession is the possession of less than 1.5 ounces of marijuana. Possessing less than 0.5 ounces of marijuana is considered a Class 3 misdemeanor offense, which carries a maximum penalty of a $200 fine and 20 days in jail. Possessing between 0.5 ounces and 1.5 ounces of marijuana is considered a Class 1 misdemeanor offense, which carries a maximum penalty of a $1,000 fine and 120 days in jail.
Possession with Intent to Sell or Distribute
Possession with intent to sell or distribute is a felony offense in North Carolina. It is the possession of any amount of marijuana with the intent to sell or distribute. Possession with intent to sell or distribute is a Class H felony offense, which carries a maximum penalty of 30 months to four years in prison and a fine of up to $5,000.
Why Fight a Marijuana Possession Charge in North Carolina
Being charged with a marijuana possession offense in North Carolina can have severe consequences, including jail time, fines, and a criminal record. Even a misdemeanor offense can have long-term consequences, including difficulty obtaining employment, housing, and educational opportunities. A felony conviction can have even more severe consequences, including the loss of the right to vote, own a firearm, or serve on a jury.
Fighting a marijuana possession charge can result in a reduction in
charges, dismissal of charges, or a not guilty verdict. There are many legal defenses to a marijuana possession charge in North Carolina, including:
Unlawful search and seizure: Law enforcement officers must have probable cause or a warrant to search your person, vehicle, or property. If they do not have a valid reason to search, any evidence obtained during the search may be suppressed and not admissible in court.
Lack of knowledge: You must have known that you were in possession of marijuana. If you did not know that the substance was marijuana, you may have a legal defense.
Medical necessity: If you have a medical condition that requires the use of marijuana, you may have a legal defense.
Coastal South Law Can Help You Fight a Marijuana Possession Charge
If you have been charged with a marijuana possession offense in North Carolina, it is essential to seek the assistance of an experienced criminal defense attorney. The attorneys at Coastal South Law have experience defending clients charged with marijuana possession offenses in North Carolina. They can evaluate the facts of your case, develop a legal strategy, and fight to protect your rights. Coastal South Law will explore all possible defenses to a marijuana possession charge, including:
Challenging the evidence: The attorneys at Coastal South Law will review the evidence in your case and challenge any illegal searches or seizures.
Negotiating with prosecutors: If there is insufficient evidence to support the charges or there are mitigating circumstances, Coastal South Law may be able to negotiate with the prosecutors for a reduction in charges.
Litigating your case: If your case goes to trial, the attorneys at Coastal South Law will aggressively litigate your case and present the strongest possible defense.
If you have been charged with a marijuana possession offense, contact the attorneys at Coastal South Law today to schedule a consultation and discuss your legal options.