Marijuana possession refers to knowingly and/or intentionally possessing marijuana. The criminal sentence in North Carolina for marijuana possession is different than possessing marijuana with the intent to distribute.
The charge refers to possession the drug with the intention to give it to someone else and not for personal use.
Does the Amount of Marijuana I Possess Generate an Intent to Distribute Charge?
Prosecutors look for marijuana paraphernalia and excess cash the defendant may have in their possession before upgrading the charge to intent to distribute. Drug paraphernalia includes:
- Other tools associated with distributing marijuana
What is the Sentence for Intent to Distribute If I am Convicted?
Possession of marijuana with the intent to distribute less than 10 pounds is a class I felony. A defendant may receive three to eight months in jail for a first offense plus pay a fine. Other penalties for intent to distribute marijuana is:
- 25 to 39 months for possessing 10 to 50 pounds of marijuana with the intent to distribute
- 5 to 51 months for possessing 51 to 2,000 pounds of marijuana with the intent to distribute
- 70 to 93 months for possessing 2,001 to 10,000 pounds of marijuana with the intent to distribute
- 175 to 222 months for possessing more than 10,000 pounds of marijuana with the intent to distribute
The offender may have to pay a fine in addition to prison time.
Can a Criminal Attorney Help Me?
Yes, depending on the facts of the case, a criminal attorney may get the intent to distribute charge reduced to simple marijuana possession.