All across the United States, drug policy regarding marijuana has been changing. In many states, medical marijuana is legal; in other states, marijuana is legal at a recreational level. Furthermore, at least 20 states in the United States have decriminalized certain marijuana possession offenses.
North Carolina, for instance, has essentially decriminalize simple possession of small amounts of marijuana, and if caught, you won’t be facing jail time (though a criminal penalty may apply).
Nonetheless, if you’ve been charged with simple possession of marijuana, which could mean a misdemeanor for even first-time offenders, it is essential to contact a prominent Raleigh drug attorney who can help defend your case and try to keep a marijuana charge off your record.
The North Carolina laws governing possession of marijuana are located in G.S. § 90-95. In short, if you are a first time offender and you are caught with less than 1/2 ounce of marijuana, you may be charged with a Class 3 misdemeanor punishable by a $200 fine. The other penalties for simple possession include:
*It is important to note, however, that with an experienced defense attorney, you may be able to serve probation as opposed to jail time.
If you were caught with a substantial amount of marijuana or you packaged it in a certain way, police may charge you with possession with intent to deliver. Intent to deliver is a very serious crime that can result in a felony. If charged with intent to deliver and you were caught with less than 10 pounds, you may be facing 3 to 8 months in prison and a fine up to $1,000.
Even if you were charged with simple possession, you may be facing a Class 3 misdemeanor. Although this charge includes no jail time and a fairly reasonable $200 fine, having a misdemeanor on your record can be problematic later in life, especially in terms of applying for a job or college or applying for housing, for example. Therefore, a “light” penalty such as simple possession of marijuana still requires the expert legal representation of an experienced Raleigh criminal attorney.
With the legal guidance and representation of Dewey Brinkley, we will diligently fight for you by either working with the prosecution for a lighter sentence or by challenging the prosecution’s evidence and narrative. If you were charged with this crime, you can contact our Raleigh law office today at (919) 832-0307 for a free consultation.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.