Being found with Marijuana in North Carolina can lead to some serious Misdemeanor Drug Charges or Felony Drug Charges with serious sentences. North Carolina can be seen as somewhat more serious with their drug charges as it is in other States. The following article will review some of the more common drug charges in North Carolina, as well as their potential sentences.
Marijuana is considered a Schedule VI substance. Schedule VI is the lowest level of seriousness with regards to drug substances.
First to covered will be Misdemeanor Possession. In North Carolina, Misdemeanor Possession is divided in to two categories depending on the quantity of drugs. If the possession is one-half ounce or less, this is a Class 3 Misdemeanor (the lowest level Misdemeanor in North Carolina). A conviction of this can have up to a 30 day jail sentence, however the jail sentence MUST be suspended and active jail time cannot be made a part of probation. If the amount is more than one-half ounce, then it is a Class 1 Misdemeanor. A conviction at this level can carry with it a jail sentence up to 120 days, however a good Criminal Defense Attorney should be able to have the jail time suspended for community service and/or probation.
If the amount of Marijuana is more than one and one-half ounces, then the charge will be a Class I Felony (the lowest level Felony in North Carolina). A sentence at this level can carry with it up to twelve months in state prison if this is the Defendant's first offense. If the Defendant is a prior record level, it could lead to a longer potential jail sentence. A good criminal defense attorney may be able to persuade the court to allow the Defendant to serve their time on probation.
Next to be considered is 'Possession with Intent to Sell or Deliver.' This crime involves the State proving the Defendant had the intent to sell and/or deliver the Marijuana in their possession. Many believe that this is determine by the quantity of drugs in possession, if it is more then the Defendant should have for their personal use. Though quantity may factor into this, there are other factors the Police will consider when determining whether to charge the Defendant with Possession with Intent to Sell or Deliver. First to be considered is what other items were in the Defendant's possession; things like baggies, scales, etc. may lead the Police to believe the Defendant's intent was to separate out their drugs for the purpose of sale. Additionally, if the drugs were already separated in to separate drugs, the Police may consider that as intent to sell or deliver as well.
Last to be discussed will be 'Possession of Drug Paraphernalia.' This charge can come from anything from bongs, pipes, rolling paper, baggies, scales, etc. Basically, anything that can be used for the sale, distribution, hiding, transporting, or use of drugs can be considered 'Paraphernalia.' This charge is a Class 1 Misdemeanor and can carry with it up to 120 days in jail, depending on the Defendant's prior record level.
Marijuana is considered a Schedule VI substance. Schedule VI is the lowest level of seriousness with regards to drug substances.
First to covered will be Misdemeanor Possession. In North Carolina, Misdemeanor Possession is divided in to two categories depending on the quantity of drugs. If the possession is one-half ounce or less, this is a Class 3 Misdemeanor (the lowest level Misdemeanor in North Carolina). A conviction of this can have up to a 30 day jail sentence, however the jail sentence MUST be suspended and active jail time cannot be made a part of probation. If the amount is more than one-half ounce, then it is a Class 1 Misdemeanor. A conviction at this level can carry with it a jail sentence up to 120 days, however a good Criminal Defense Attorney should be able to have the jail time suspended for community service and/or probation.
If the amount of Marijuana is more than one and one-half ounces, then the charge will be a Class I Felony (the lowest level Felony in North Carolina). A sentence at this level can carry with it up to twelve months in state prison if this is the Defendant's first offense. If the Defendant is a prior record level, it could lead to a longer potential jail sentence. A good criminal defense attorney may be able to persuade the court to allow the Defendant to serve their time on probation.
Next to be considered is 'Possession with Intent to Sell or Deliver.' This crime involves the State proving the Defendant had the intent to sell and/or deliver the Marijuana in their possession. Many believe that this is determine by the quantity of drugs in possession, if it is more then the Defendant should have for their personal use. Though quantity may factor into this, there are other factors the Police will consider when determining whether to charge the Defendant with Possession with Intent to Sell or Deliver. First to be considered is what other items were in the Defendant's possession; things like baggies, scales, etc. may lead the Police to believe the Defendant's intent was to separate out their drugs for the purpose of sale. Additionally, if the drugs were already separated in to separate drugs, the Police may consider that as intent to sell or deliver as well.
Last to be discussed will be 'Possession of Drug Paraphernalia.' This charge can come from anything from bongs, pipes, rolling paper, baggies, scales, etc. Basically, anything that can be used for the sale, distribution, hiding, transporting, or use of drugs can be considered 'Paraphernalia.' This charge is a Class 1 Misdemeanor and can carry with it up to 120 days in jail, depending on the Defendant's prior record level.
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