North Carolina marijuana possession

Possession of marijuana between half an Ounce to one and a half Ounces

North Carolina General Statute NCGS 90-95 (d)(4) states that marijuana possession or possession of marijuana between half Ounces and one and a half Ounces is a Class 1 misdemeanor. A Class 1 misdemeanor is punishable up to 120 days of active time in jail. As with all other crimes, the sentencing will be largely dependent on the presence of mitigating factors, aggravating factors, and prior drug charges, drug arrest, trafficking, or alcohol violations but having a North Carolina criminal defense attorney is very important.

At this quantity of marijuana, it is not entirely clear that the possessor of the marijuana (weed, pot) only intended the substance for self-use. Therefore, although still small quantity, it is possible for the possessor to also be a dealer or into trafficking or distributor on a very small scale. If this is the case, the individual may also be charged with drug possession with intent to sell and deliver marijuana, which is a Class I, felony. Because it is sometimes difficult for authorities to prove "intent to sell” or deliver, the legislature elevated the penalty for possessing a slightly larger quantity of marijuana.

Because possession of marijuana between half ounce to one and a half (1.5) ounces is a Class 1 misdemeanor, it is punishable as a Class I felony if the criminal defendant has any prior drug convictions on his or her record. A Class I felony is punishable up to 15 months in the North Carolina Department of Corrections depending on aggravating factors and the defendant's prior record no matter if its Raleigh, Chapel Hill, Durham, Wake County, or any other area.