North Carolina Marijuana Possession

Having up to half an ounce of weed is a class 3 misdemeanor. This means no matter how small the possession is

Possession of Marijuana or marijuana possession of up to a half ounce is a Class 3 misdemeanor pursuant to NCGS 90-95. A Class 3 misdemeanor can carry up to 20 days active in the county jail. This means that no matter how small the marijuana possession or possession of marijuana (pot, weed, or chronic) charge is, a judge can hypothetically sentence the individual charged to 20 days in jail. Other forms of punishments include fines, community service, unsupervised probation, or supervised probation for the simple possession of marijuana or simple marijuana possession. The punishment range is wide, and the type of punishment you will receive is largely dependant upon your prior criminal record, prior marijuana convictions, prior drug convictions, prior controlled substance convictions, as well as alcohol offenses and a whole host of other criminal record factors.

Like many traffic offenses, simple possession of marijuana is a Class 3 misdemeanor. Despite certain traffic offenses and simple possession of marijuana being the same level of crime, it is not uncommon for the district attorneys to seek a more stringent punishment for the crime of simple possession of marijuana or marijuana possession. The North Carolina judges ultimately decide on the appropriate sentence based on their particular feeling about the drug offense and the defendant so we recommend hiring a lawyer or attorney.

It is common practice in most jurisdictions to offer first offenders for drug charges, drug arrests, or drug offenses a diversion program (deferred prosecution). These programs usually require people who are charged with simple possession of marijuana to take certain drug education classes and do community service. Upon successful completion of the community service and/or classes, the district attorney's office will voluntarily dismiss the simple possession of marijuana charge. The 90-96 Program is the most popular deferred prosecution program for first offenders and first timers charged with simple possession of marijuana and possession of less than half ounce of marijuana.

Simple Possession of Marijuana becomes a Class 2 misdemeanor if the defendant has any prior convictions for any illegal drugs or controlled substances. A Class 2 misdemeanor is punishable for up to 60 days in jail depending upon the criminal defendant's prior record level. As with other North Carolina (Raleigh, Chapel Hill, Wake County, Alamance County, Durham, Roxboro, Hillsborough) drug offenses, possession of marijuana charges tend to carry heavier sentences on individuals with lengthy prior criminal records.