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Drug Crimes Involving Marijuana

Marijuana Cultivation

Cultivation is the term used when a suspect has been found to be planting, growing, or harvesting cannabis. Marijuana cultivation is a felony in North Carolina. If you are convicted, you will be subject to heavy penalties.

If you are found guilty, your sentence will depend on the quantity of marijuana you were found to be cultivating:

  • Less than 10 pounds: 12 months in prison and fines up to $5,000
  • Between 10 and 50 pounds: 25-30 months in prison and fines up to $5,000
  • Between 50 and 2,000 pounds: 35-42 months in prison and fines up to $25,000

Penalties increase according to the amount, with the maximum punishment at 219 months in jail and a $200,000 fine.

Marijuana Possession

Hopper, Hopper & Mulligan, PLLC can help you fight charges of marijuana possession. If you have been arrested for possession of marijuana, the first thing you should do is come to our office to learn what you can do to guard yourself against the prosecution, because anything you say or do regarding the case may be used as evidence against you.

The penalties for this crime vary according to the amount of the drug found in your possession:

  • Up to 0.5 of an ounce: Misdemeanor, punishable by up to 30 days in jail and $200 fine
  • Between 0.5 ounce and 1.5 ounce: Misdemeanor, punishable by up to 120 days in jail and $500 fine
  • More than 1.5 ounces: Felony, punishable by up to 12 months in jail and fine to be determined by the judge

Beyond the immediate difficulties associated with jail time and fines, you may have a criminal record which could bar you from being hired for certain jobs. For any charge of marijuana possession, no matter how severe, there are often defenses capable of having the charges dropped or reduced. The sooner you meet with an experienced criminal defense lawyer, the better will be your chances of a successful outcome.

Possession of Marijuana with Intent to Sell

The charge of marijuana possession with intent to sell carries heavy penalties if you are convicted. It is a Class I felony, which can send you to state prison for up to 12 months. If you have any prior criminal convictions, the term of your imprisonment may be increased according to the North Carolina sentencing guidelines. A guilty verdict for possession with intent to sell will not only disrupt your life for the time that you are in prison, it can also prevent you from finding employment. It is vital to seek the help of an aggressive attorney who can fight to see your charges dismissed or reduced.

Possession of Marijuana Paraphernalia

North Carolina General Statute 90 113.22 states that it is a Class 1 misdemeanor for any person to use, or possess with intent to use, drug paraphernalia. As it specifically pertains to marijuana, the term "paraphernalia" encompasses a wide variety of equipment which may be alleged to have illegal uses or purposes.

Common examples of marijuana paraphernalia include:

  • Tools for the planting, propagation, cultivation or growing of the cannabis seed
  • Equipment for harvesting, storing, concealing or containing the mature marijuana plant
  • Any type of measuring tools for testing, analyzing or preparing the substance for use or sale
  • Items intended to aid in the ingestion, inhalation of marijuana, such as pipes, bongs or vaporizers

If you are convicted of possession of marijuana paraphernalia, you may be sent to jail for up to 120 days. You will also have a criminal record that will follow you through the rest of your life, making it difficult to pass a background check for employment or credit. If you work with a knowledgeable defense attorney, you may be able to successfully fight the charges and protect your name from the damage caused by a guilty verdict.

Trusting in the Defense of Our Raleigh Criminal Attorney

At Hopper, Hopper & Mulligan, PLLC, we are dedicated to providing the best defense to our clients, and we do everything in our power to achieve a successful outcome in every case. It is often possible to prove after a thorough investigation of the situation that the evidence is inadmissible in court due to having violated search and seizure laws.

If the police discovered marijuana or paraphernalia in your possession without a legal warrant or with no probable cause for search, you may have had your constitutional rights violated. In other cases, the best strategy is to argue that the alleged paraphernalia is not factually intended for illegal use. There are several defense strategies that may help you resolve your drug charges, and we are ready to meet with you to discover the best one for you. Contact a Raleigh drug crime attorney if you have been arrested for a marijuana related drug charge and need aggressive representation for the charges.

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