In North Carolina, there are two categories of drug possession charges: simple possession and possession with intent to manufacture, sell, or deliver. Simple possession of most drugs is a misdemeanor, while possession with intent to manufacture, sell, or deliver is a felony.
Even with the recent changes in North Carolina's drug laws, marijuana possession can still get you in hot water. Obviously, simple drug possession isn't as bad as possession with intent. But. Under simple possession laws, as little as half an ounce of pot can land you in jail and put a big dent in your wallet.
So, to answer the question above—yes, you need a Charlotte possession charge attorney if you get caught with marijuana. Here's why:
What is a Simple Drug Possession Charge in North Carolina?
Simple possession drug charges in North Carolina are usually applied to people who possess pot for personal use. The kicker is that even a joint is still illegal in the state, so technically, the possession of any amount of marijuana is a crime. Possession of 0.5 ounces or less of marijuana is a Class 3 misdemeanor and can incur a fine of $200. Any sentence involving imprisonment for simple possession must be suspended.
Possession of more than 0.5, but less than 1.5 ounces, is a Class 1 misdemeanor punishable by up to 45 days in jail and a discretionary fine for first offenders up to $1000. Possession of more than an ounce and a half but less than 10 pounds is a Class I felony punishable by up to 8 months imprisonment and a discretionary fine for a first offense.
Juveniles charged with possession in North Carolina typically receive more leniency because the state embraces rehabilitation instead of jail time. Many underage offenders must get counseling for drug use, often with their parents. Regardless of the penalties for a youth offender in North Carolina, new expunction laws can help clear their record.
What Does Possession With Intent Mean in North Carolina?
If you are charged with marijuana possession with intent to sell, distribute, etc., it means you're in trouble! The only “light” sentence found in the possession with intent laws is the one for delivering less than 5 grams of pot without compensation. This little scenario isn't considered a sale or distribution—but it can still be prosecuted at a judge's discretion.
The sale of less than 10 pounds of marijuana is a Class H felony punishable by up to 8 months in jail and a discretionary fine for first offenders. Interestingly, delivery without compensation of fewer than 10 pounds is a Class I felony punishable with up to 8 months of incarceration and a discretionary fine for a first offense.
More than 10 pounds but less than 50 pounds is a Class H felony which means a minimum of 25 months and a maximum of 39 months in jail and a minimum fine of $5,000. We could go on, but we're sure you see the point. If you get busted with marijuana in Charlotte, NC, whether a joint or a pound, you need an experienced possession charge attorney on your team.
Why Hire Jason Reece as Your Possession Charge Attorney in Charlotte, NC
Regardless of whether you are charged with simple possession or a more severe drug charge, a local possession charge attorney can help. Let the Law Offices of Jason H. Reece create the best defense for your drug charges to minimize the damage. Call (704) 714-8888 or use this short contact form today.
