Marijuana possession in North Carolina involves knowingly or intentionally possessing the drug. Possessing includes actual and constructive possession. Depending on the facts in the defendant’s case, a simple marijuana possession charge can be upgraded to marijuana with the intent to sale or deliver.
The charge refers to a defendant knowingly possessing marijuana to either sell the drug or deliver to someone else. The transfer of the marijuana can either be actual or constructive. This means the defendant may be accused of directly transferring the marijuana or having control of it to deliver to another person.
Is The Punishment the Same for The Intent to Sell and Deliver Marijuana?
No. The intent to sell Marijuana is a Class H felony in North Carolina. The intent to deliver marijuana is a Class I felony.
What Sentence Will I Receive If I am Convicted of Intending to Sell Marijuana?
A conviction regarding the sale of less than 10 pounds of marijuana is four to eight months in prison and a possible fine for the first offense. A defendant may receive 25 to 30 months for the intent to sale 11 to 50 pounds of marijuana.
The punishment increases with the amount of marijuana there was an intent to sale. For example, a sentence for the intent to sale 51 to 2,000 pounds is a Cass G felony. The punishment is a maximum of 42 months in prison. The sentence to sale between 2,001 and 10,000 is up to 80 months in prison.
How Much Prison Time is Connected to an Intent to Deliver Marijuana?
The sentence for the intent to deliver marijuana without compensation starts out as a class I felony. The maximum punishment is eight months in prison and a possible fine for the first offense.
Do I Need an Attorney?
Yes, it’s in your best interest to have legal representation for any drug charge. Contact a criminal attorney to learn more about your rights.