North Carolina (NC) legal resource of marijuana possession with intent to sell under 13 by a person 18 or older

North Carolina General Statute NCGS 90-95(e)(5) makes it unlawful for an adult 18 years of age or older to sell or delivery marijuana to a child 13 years old or younger. Anyone 18 years old or older who knowingly sells or delivers the marijuana to a child 13 years old or younger is guilty of a Class C felony and should have a North Carolina lawyer. Like other drug offenses and drug charges, mistake of age is no defense with intent to sell. Thus, if the 13-year-old boy resembles a 17-year-old teenager, the dealer is going to face this charge regardless of his mistake of age. A Class C Felony can be punished by up to 261 months in the North Carolina State Prison.

Example: Gregory is an Alamance County elementary school teacher teaching 3rd grade. In his twisted mind, he likes to introduce things to children that are very adult oriented or adult natured. One day on the playground, he decides to hide behind a brick wall and light up a joint since he wants to relax for a bit. After all, he's had a very rough day. 9-year-old Billy wanted to go to the bathroom and needed to get a hall pass from Gregory so he wouldn't get in any trouble. He looks everywhere for Gregory and finally finds him behind the brick wall. Gregory, without thinking, offers Billy a few puffs, as he likes watching children in adult situations. Billy doesn't know any better and takes a few drags off the joint. When Billy goes home and tells his parents about his smoking experience, his parents contact the police and the principal of the school. After an extensive investigation, Gregory is arrested and gets indicted for Delivery of Marijuana to a Person Under 13 by a Person 18 or Older. Now Gregory is facing up to 261 months in state prison.

Manufacture, Sale, Delivery, or Possession of Marijuana with intent to manufacture, sell, or deliver at or near a school, childcare center, or playground

North Carolina General Statute NCGS 90-95(e)(8) and (10) North Carolina General Statute NCGS 90-95(e)(8) and (10) makes it unlawful for anyone 21 years of age or older to knowingly manufacture, sell, deliver, or possess with intent to sell, deliver, and manufacture marijuana on property or within 300 feet of real property used for a child care center, playground, or elementary or secondary school. A violation of this statute is a Class E felony. A Class E felony is punishable by up to 98 months in the North Carolina Department of Corrections no matter where the drug arrest or charge takes place in North Carolina (Raleigh, chapel hill, wake county, Alamance county, minor, Durham, Roxboro, Burlington, Carrboro, Yanceville, Louisburg, Warrenton, Henderson, Chatham county, Pittsboro). The offenders of this offense do not have to actually attempt to deliver or sell marijuana to students or school personnel. In fact, this offense can occur without any school personnel or students present at all.

For example, David meets Melissa 150 feet behind an elementary school dumpster to sell her some marijuana. They meet back there and make the transaction. Deputy Davis observes the activity and can charge them both with Manufacture, Sale, or Delivery of Marijuana near a school, childcare center, or playground. Depending on their record, they each could face up to 98 months in state prison.