Arrested or Charged With Possession With Intent to Distribute Marijuana (G.S. 90-95) in North Carolina?

At McMinn, Logan & Gray, PLLC, we’ve represented countless clients confronting possession of a controlled substance charges that escalated to include “intent to manufacture, sell or deliver” allegations under North Carolina General Statute § 90-95.

The distinction between simple marijuana possession versus intent charges isn’t just legal terminology. It represents the difference between misdemeanor and felony penalties – a gap that widens with each gram of marijuana involved.

North Carolina Marijuana Possession Laws

Our state maintains strict enforcement despite changing attitudes elsewhere. North Carolina classifies marijuana as a Schedule VI controlled substance, with penalties reflecting this classification – especially when intent to distribute, manufacture, sell or deliver enters the equation.

Several factors elevate simple possession to “intent” charges in cases we routinely handle:

• Quantity matters tremendously. Even amounts less than 50 pounds can trigger felony charges when other factors suggest distribution rather than personal use. Our attorneys regularly see intent allegations based primarily on quantities that prosecutors deem excessive for personal consumption.
• How the marijuana is packaged speaks volumes to law enforcement. Multiple containers, particularly small baggies, trigger immediate suspicion. Even modest amounts divided across several containers frequently lead to intent charges.
• Certain items found alongside marijuana practically guarantee intent charges: scales, additional packaging materials, customer lists, or substantial cash (especially smaller denominations).
• Phone evidence strengthens prosecutors’ cases considerably. Text messages discussing amounts, prices, or meeting locations become powerful evidence supporting distribution allegations rather than personal use claims.

These elements frequently combine in cases we defend, with each additional factor strengthening the prosecution’s argument against simple possession.

Potential Penalties Under North Carolina Law

Consequences for intent charges vary based on substance classification and quantity:

Marijuana (Schedule VI)

Possession with intent to manufacture, sell or deliver less than 10 pounds typically constitutes a Class H felony offense carrying:

• Incarceration ranging from 4-25 months (depending on prior record)
• Significant fines at the court’s discretion
• Probation often including mandatory testing and education programs
• Permanent felony record affecting employment, housing, education, and professional licensing

The felony record creates obstacles far outlasting any sentence. Years after case completion, our former clients still encounter barriers to employment, housing, and educational opportunities.

Trafficking Quantities

At 10+ pounds, North Carolina law imposes mandatory minimum sentences:

• 10-50 pounds: Class H felony requiring at least 25 months imprisonment and $5,000 fine
• 50-2,000 pounds: Class G felony requiring at least 35 months imprisonment and $25,000 fine
• Over 2,000 pounds: Class F felony requiring at least 70 months imprisonment and $50,000 fine

Most concerning for defendants, these mandatory sentences severely limit judicial discretion regardless of personal circumstances.

Other Controlled Substances

Penalties escalate dramatically for substances classified in Schedule I or II. Possession with intent for these substances typically constitutes a Class G felony with significantly harsher sentencing guidelines. Even small amounts of substances like cocaine, heroin, or methamphetamine carry much steeper penalties than marijuana.

Intent to sell or deliver methamphetamine constitutes a particularly serious offense, with sentences frequently reaching the upper limits of the sentencing guidelines.

Different Types of Drug Possession

Many people misunderstand what legally constitutes “possession” in these cases. North Carolina recognizes two distinct types:

• Actual possession means marijuana physically on your person – in pockets, hand, or personal belongings.
• Constructive possession applies when drugs aren’t physically on you but exist in a place under your control – vehicle, home, or other spaces. Prosecutors must prove knowledge and control of the substance, creating additional defense opportunities.

Constructive possession cases often involve shared living spaces or vehicles where multiple people had access. These situations create significant challenges for prosecutors who must establish both knowledge and control of the controlled substance beyond reasonable doubt.

Effective Defense Strategies We Employ

When defending against drug charges, we pursue several proven approaches:

Challenging Search and Seizure Actions

Fourth Amendment protections provide powerful defense tools. We scrutinize:

• Whether police established legitimate grounds for the initial stop
• If officers developed proper probable cause before searching
• Whether search warrants (if used) contained factual or procedural flaws
• If detention extended beyond reasonable duration without justification

Evidence obtained through unconstitutional means typically becomes inadmissible at trial. When key evidence gets suppressed, cases frequently collapse, leading to dismissals or significantly reduced charges.

Disputing “Intent” Elements

Quantity alone doesn’t automatically prove intent to distribute or manufacture. Alternative explanations we’ve successfully presented include:

• Some users purchase larger amounts to minimize transaction frequency and associated risks
• Economic considerations lead some to buy in bulk rather than smaller, more expensive quantities
• Personal use sometimes involves separating purchases into smaller containers for various reasons

These defenses require thorough investigation but have proved effective in appropriate cases.

Challenging Constructive Possession

In shared spaces, constructive possession allegations demand close scrutiny. We investigate:

• Property ownership/rental documentation
• Access patterns to the space in question
• Specific location of the marijuana within the space
• Evidence regarding our client’s knowledge of its presence

Prosecutors must establish both knowledge and control – elements that become problematic when multiple people have access to the area where marijuana was discovered.

Impact of Criminal History

Prior record level dramatically affects case outcomes. For first-time offenders facing charges related to marijuana or other controlled substances, we often secure:

• Conditional discharge under G.S. 90-96
• Diversion programs, including drug education
• Deferred prosecution arrangements
• Probationary sentences rather than active incarceration

Clients with existing records, particularly prior drug convictions, face steeper challenges. North Carolina’s structured sentencing guidelines assign prior record levels (I-VI) based on previous convictions, with each level increasing potential penalties.

Mitigating Factors Courts Consider

For cases where judicial discretion exists (primarily non-trafficking cases), several factors influence sentencing:

• Criminal history (or lack thereof)
• Evidence of substance abuse disorders involving controlled substances
• Employment stability and history
• Educational pursuits
• Family responsibilities
• Community involvement
• Absence of violence or weapons

We develop comprehensive presentations addressing these factors when representing clients. Thorough preparation might include treatment enrollment documentation, employment verification, character references, and other mitigating evidence.

Collateral Consequences of Drug Possession Charges

The true impact of conviction extends far beyond court-imposed sentences:

• Employment background checks revealing felony records indefinitely
• Suspension of voting rights during sentence service
• Ineligibility for certain financial aid programs
• Housing limitations, particularly involving federally subsidized housing
• Professional licensing obstacles across numerous fields
• Immigration consequences for non-citizens

These collateral consequences often cause more lasting damage than the actual sentence, affecting opportunities and rights for years afterward.

Protecting Your Rights After Arrest

For anyone facing marijuana or controlled substance charges under North Carolina General Statute § 90-95, we recommend:

1. Exercise your right to remain silent beyond providing identification
2. Decline consent for searches of your person, vehicle, or property
3. Avoid statements about ownership or knowledge of any substances
4. Document the encounter thoroughly while memory remains fresh
5. Contact experienced criminal defense counsel before your first court date

At McMinn, Logan & Gray, our defense team brings extensive experience with North Carolina drug laws and local court systems throughout our region. We’ve established a strong record defending against possession with intent charges, positioning clients for the most favorable possible outcomes.

From challenging unlawful searches to negotiating with prosecutors to courtroom advocacy, we guide clients through every phase of these serious cases. Contact our office today for a confidential consultation regarding your specific situation.