The simple possession of marijuana has been legalized in many states but not in North Carolina. Marijuana is a controlled substance in North Carolina; even simple possession is a crime. The crime of possession involves knowingly or intentionally possessing marijuana.
Possession of a controlled substance, including marijuana, can be actual, i.e., a person is found holding marijuana or carrying it on their person. Or possession can be constructive, e.g.marijuana is found in the drawer of a desk that a person uses exclusively in their room in a house where several people live.
The punishment for simple possession of marijuana is the same whether the possession is actual or constructive. The crime is a Class 1 misdemeanor; however, a first offense of possessing up to a one-half ounce of marijuana or up to 1/20 ounce of hashish is a lesser Class C misdemeanor. The offense can be punished by payment of a fine of up to $200 or imprisonment in jail for up to thirty days.
Any class 1 misdemeanor is elevated to a Class I felony, if the person charged has prior convictions, felony, or misdemeanor on their criminal record under the North Carolina Controlled Substances Act.
Possessing more than one-half to 1½ ounces of marijuana, 7 to 21 grams of synthetic cannabinoids, or more than 1/20 to 3/20 of an ounce of hashish is a Class 1 misdemeanor. The punishment for a conviction of more than half an ounce of marijuana increases the fine to a maximum of $1,000 and extends the possible term in jail to 45 days.
What Is Possession of Marijuana with the Intent to Manufacture, Sell or Deliver?
Another marijuana offense in North Carolina is the possession of marijuana with the intent to manufacture, sell or deliver it. This is a Class I felony per North Carolina law. The possession must be knowing.
The charge of possessing with the intent to manufacture, sell or deliver refers to a person knowingly possessing marijuana for either selling it or delivering it to another person. Or, the person may intend to produce or process the marijuana somehow.
If a person is caught with marijuana and the factual circumstances suggest that the person was in the process of packaging, delivering, selling, or processing it, the person can be charged with possession with the intent to manufacture, sell or deliver. This is a more serious crime than simple possession, and it can result in higher fines and longer jail or prison sentences.
As with all marijuana offenses in North Carolina, punishment is related to the amount of marijuana with which a person is caught. Larger quantities lead to the possibility also of an enhanced charge of drug trafficking. In addition, if the perpetrator has a record of prior convictions, their punishment is likely to be harsher.
What Is The Punishment for Possession with the Intent to Manufacture, Sell or Deliver Marijuana?
Possession of marijuana with the intent to sell it is a Class H felony in North Carolina. Possession of marijuana with the intent to deliver it is a Class I felony. Possession with Intent to manufacture, sell, or deliver marijuana is punishable by a term in state prison of a maximum of 24 months. This term of imprisonment may increase if the perpetrator is caught near a school or other protected area.
Other possibilities for punishment are as follows:
- Possession with intent to manufacture, sell or deliver 10 to 50 pounds may be charged as trafficking, a Class H felony. The punishment is 39 months in prison and payment of a minimum fine of $5,000;
- Possession with intent to manufacture, sell or deliver 51 to 2,000 pounds is a Class G felony. There is a mandatory minimum sentence for this offense of 51 months in prison and payment of a fine of $25,000;
- Possession with the intent of 2,000 to 10,000 pounds of marijuana is punishable by a prison term of 93 months and payment of a fine of $50,000;
- Possession with the intent of 10,000 pounds or more is punishable by up to 222 months in jail and a minimum fine of $200,000.
The severity of the punishment depends on the amount of marijuana and possibly the location in which the perpetrator is caught.
What Is the Punishment for a First Offense?
The punishment for possession of marijuana is generally less severe for first-time offenders. However, subsequent offenses are punished more harshly. So, for example, the penalties for a first-time offense of possession of marijuana are as follows:
Marijuana possession offenses that are charged as misdemeanors, such as possession of 28 grams, usually result in a sentence of probation, and probation includes drug education and community service.
What about Federal Marijuana Laws?
While states are relaxing their laws relating to marijuana and, in some cases legalizing its possession, marijuana is still a Schedule 1 controlled substance under federal law. Generally, a person would be charged with a federal crime for a possession offense, usually dealt with by state law enforcement and state courts.
However, a person could face federal drug trafficking charges if they transport marijuana across state borders or if a person is part of a larger drug distribution operation. Federal punishment for selling marijuana includes the following:
- Sale of less than 50 kg is punishable by a maximum of 5 years in federal prison;
- Sale of 50 to 99 kg is punishable by a maximum of 20 years in federal prison;
- Sale of 100 to 999 kg is punishable by 5 to 40 years in federal prison;
- Sale of 1,000 kg or more is punishable by 10 years to life in federal prison.
Federal law regarding marijuana applies mostly in the case of criminal networks, but it should be kept in mind that technically federal law supersedes state law, and depending on who occupies the position of Attorney General of the U.S., the federal government could choose to enforce federal drug laws more assertively.
Under federal law, it is still illegal to use, possess, grow, and sell marijuana. It is not legal under federal law to use marijuana for medical or so-called “recreational” purposes. Possessing even a small amount of marijuana is still a criminal offense under federal law. Simple possession would be charged as a misdemeanor under federal law. A conviction could be punished by up to 1 year in federal prison and payment of a maximum fine of $1,000.
Do I Need the Help of a Lawyer for My Marijuana with Intent to Sell Issue?
If you have been charged in North Carolina with possession, possession with intent to sell or deliver, or any other crime involving marijuana, it is in your best interest to have legal representation.
You want to consult an experienced North Carolina drug crime attorney in your area to learn more about your rights. Your lawyer can review the facts of your case and identify any defenses that may be available to you. If necessary, your lawyer can negotiate the most advantageous plea agreement or represent you at trial.
