Although North Carolina has liberalized its marijuana possession laws, it does not mean that it is completely legal to possess cannabis in the state. Depending on the amount that you allegedly have in your possession when you are arrested, there can still be serious penalties.
You should have a Winston-Salem marijuana possession lawyer if you are facing marijuana charges because you never know how a conviction could impact you until you actually face the consequences. Even if the charges seem minor, it is always better to have a lawyer when you are in the criminal justice system.
North Carolina does offer an exemption for medical possession of marijuana. In addition, if you are arrested and charged with possession, and you have less than half an ounce, you will face misdemeanor drug charges with a fine of $200.
North Carolina Marijuana Possession Laws and Penalties
North Carolina makes the following illegal:
- Possession of marijuana
- Cultivating, selling, or delivering marijuana
- Possessing marijuana with the intent to sell it
- Creating, selling, or delivering counterfeit marijuana
However, the penalties escalate based on the amount of cannabis that law enforcement claims you have on your person.
- Possession of 0.5 – 1.5 ounces of marijuana is a misdemeanor that can be punished by 1 – 45 days in prison and a $1,000 fine.
- Possession of more than 1.5 ounces is charged as a felony with jail time of 3 – 8 months. A felony conviction will have even more consequences because you can lose your right to own firearms and your ability to vote.
Possession with intent to distribute would bring an even more serious sentence, depending on the amount of cannabis that you allegedly had. In addition, law enforcement can seize vehicles and property involved in the alleged offense.
Defenses to a Marijuana Possession Charge
Convictions for marijuana possession critically depend on the legality of the evidence seized. In most cases, law enforcement has stopped or searched you because they believed that you had marijuana in your possession. If you can get the evidence thrown out, the charges against you may be dropped.
Here are some reasons why you can exclude evidence in a marijuana possession case:
- Police did not have probable cause to stop and search you.
- Police exceeded the scope of a legal search warrant.
- There were issues with the chain of custody of seized evidence.
- Police needed to obtain a search warrant and did not do so.
Collateral Consequences of a Marijuana Charge
Depending on the seriousness of the charges against you, the state may levy significant penalties. Here are some possible consequences of a marijuana conviction:
- Loss of student loans or other government benefits
- A criminal record that can follow you around for the rest of your life
- Loss of your firearms if you are convicted of a felony
You may be eligible for a deferral program for a first marijuana offense. An experienced criminal defense attorney can negotiate a lighter sentence with the prosecutor if you choose not to fight the charges against you.
How a Winston-Salem Marijuana Possession Defense Attorney Can Help
There is a wide range of outcomes when you are facing marijuana charges. Depending on the level of the offense, judges may be working with a mandatory minimum sentence. The most important thing is to know early in your case what you may be facing so you can effectively deal with the charges against you. Not only do you need to know potential sentences, but you must also have information about how a potential conviction might affect you.
When you are dealing with a criminal charge that depends on physical evidence, you must have a lawyer early in the process. Our lawyers can do the following for you:
- Explain your legal options for your criminal defense
- Review the procedure leading to your arrest to see if there is any way to fight the charges
- Assist you with other options, such as drug treatment court
- Work to protect your legal rights throughout the process
Charges that rely on seized physical evidence are the ones that are most likely to be tainted by an illegal seizure or law enforcement overreach. It is always better to have a lawyer review your situation before you make any choices.
