Marijuana trafficking and possession in North Carolina

North Carolina General Statute NCGS 90-95(h)(1) and (i) govern the penalties for trafficking Marijuana. One is guilty of trafficking marijuana if he or she knowingly sells, manufactures, delivers, transports, or possesses marijuana if the quantity is greater than 10 pounds. Any conspiracy to sell, manufacture, deliver, transport, or possess over 10 pounds of marijuana is also trafficking marijuana. There are several levels of trafficking marijuana, and mandatory punishment sentencing but a criminal defense attorney could be of assistance.

When the quantity of marijuana is more than 10 pounds but less than 50 pounds, it is Level 1 trafficking, which carries a mandatory minimum of 25 months and a maximum of 30 months in state prison. There is also a mandatory minimum fine of $5000. Although the punishment is different, this level of trafficking is considered a Class H felony. A judge may not suspend the sentence, and PRISON IS MANDATORY. Probation is not available. The only way that a defendant can receive a sentence lower than the mandatory minimum is if they provide law enforcement authorities with substantial assistance in the identification, arrest, or conviction of accomplices, co-conspirators, or others within the criminal enterprise. If this occurs, the defendant may receive a shorter active sentence or even a probationary sentence but its best to consult with a criminal lawyer.

When the quantity of marijuana is more than 50 pounds but less than 2000 pounds (1 ton), it is considered Level 2 drug trafficking in North Carolina. Level 2 trafficking carries a mandatory minimum prison term of 35 months in the North Carolina Department of Corrections and a maximum of 42 months in state prison. The mandatory minimum fine is $25,000. This is classified as a Class G felony even though the punishment is different. Like all other trafficking offenses, probation and suspended sentences are not available. There will be mandatory prison time unless the defendant provides substantial assistance in the arrest and prosecution of others involved in the same drug trafficking.

When the quantity of marijuana is more than 2000 pounds but less than 10,000 pounds of marijuana, the defendant is guilty of Level 3 trafficking. Level 3 trafficking is classified as a Class F felony, but this offense carries a mandatory minimum of 70 months and maximum of 84 months in the North Carolina Department of Corrections. Once again, the sentence may not be suspended and PRISON IS MANDATORY. If one cooperates with the authorities and provides substantial information and aids in the arrest and prosecution of co-conspirators, the judge may impose a lesser sentence and may even suspend the sentence for probation.

When the quantity of marijuana is more than 10,000 pounds, it is considered Level 4 trafficking. This is a Class D Felony, but carries a mandatory minimum prison sentence of 175 months and a maximum of 219 months in the North Carolina State Prison. The mandatory minimum fine is $200,000, but can be higher. Mandatory jail time unless one provides substantial assistance to the authorities in the prosecution of others.

When a defendant is sentenced for drug trafficking offenses in North Carolina, all the prison sentences must run consecutively to any other sentence being served at the time of sentencing. This means that one is going to do their time for the sentence. It cannot be combined with other offense sentences to serve the same time for two or more offenses.

North Carolina General Statute NCGS 90-98 states that a person who attempts or conspires to drug traffic is guilty of a crime that is the same class as the substantive crime he or she was conspiring to perform or attempting to perform in Chapel Hill, Durham, and the rest of North Carolina. What is interesting is that even though conspiracies and attempts are punished as the same level of offenses, the standard sentencing guidelines rather than the minimum-maximum sentencing guidelines specifically set out for marijuana trafficking governs them.

For example, a person who conspires to sell more than 10,000 pounds of marijuana in Raleigh can face a maximum of 229 months in state prison in the aggravated range, but could also only get 38 months in the mitigated range. The mandatory structured sentencing scheme for trafficking does not apply to attempt or conspiracy charges. In these situations we do recommend that one hires a criminal defense team consisting of lawyer located in North Carolina.