Possession with Intent to Distribute Marijuana

by | Oct 5, 2017 | NC Criminal Defense

Possession with the intent to manufacture, sell, or deliver marijuana in North Carolina

If you are charged with Possession with intent to sell or deliver marijuana in the State of North Carolina, it is best to consult a criminal defense attorney.

Marijuana Possession in North Carolina

Although possession of a personal use amount of marijuana has become legal in many states, possession of marijuana is still illegal in the state of North Carolina. Because of this, being in possession of marijuana may lead to criminal charges with potentially serious criminal consequences. A criminal defense attorney would be able to explain to you that typically possession of a small amount of marijuana will result in misdemeanor charges. Additional facts and circumstances around that marijuana possession however, can result in more serious charges.

Possession with Intent to manufacture, sell or delivery marijuana

In North Carolina the elements of possession of a controlled substance with intent to manufacture, sell or deliver are as follows?

  1. Knowingly
  2. Possess
  3. A controlled substance
  4. With the intent to manufacture, sell, or deliver it

With regards to the above-mentioned intent element, the amount of marijuana possessed can be factor, but may not the determining factor. A criminal defense attorney would be able to explain to you that there are several other facts that can be considered by the prosecutor that involve the circumstances of the marijuana possession. These factors include but are not limited to:

  • The packaging of the marijuana
  • The labeling of the marijuana
  • The way the marijuana was stored
  • The presence of cash in proximity to the marijuana
  • The defendant’s activities surrounding the marijuana

Criminal Punishment

The possession with intent to manufacture sell or delivery a relatively small amount of marijuana, will be charged as a Class I felony in North Carolina. If the defendant is charged with a class I felony in this situation, depending on their criminal record, they can face a criminal punishment as lenient as probation.

The possession with intent to manufacture sell or delivery marijuana in the amount 10 pounds or more may lead to very serious trafficking charges which would require mandatory fines and a mandatory prison sentence.

Drug Trafficking

Possession of higher amounts of marijuana can lead to drug trafficking charges, which you can learn more about here.

If you are charged with a drug charge in North Carolina you should consult a criminal defense attorney to see what your best options are.

DISCLAIMER – This forum is intended for general questions and comments about the particular law or topic. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Please refrain from revealing your identify or specifics about any actual criminal case. No attorney-client relationship is created in this forum.

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