Yes, you read the title correctly. A woman in Florida, Kennecia Posey, was a passenger in a vehicle that was stopped by the police. Upon stopping the vehicle, the police smelled the odor of marijuana, and the odor of marijuana provides the police with probable cause to search.
A search was conducted, and cocaine and marijuana were found in separate bags inside the woman’s purse. So far, as a criminal defense attorney, nothing about this story surprises me. However, it was Posey’s explanation that surprised me.
Upon questioning Posey about the drugs in her purse, she offered the following response: “It’s a windy day. It must have flown through the window and into my purse.”
As you can imagine, that explanation was not satisfactory and Ms. Posey was subsequently charged with felony possession of cocaine and a misdemeanor count of marijuana.
This case happened in Florida, but let’s think about this case if it occurred in North Carolina. In North Carolina, felony possession of cocaine is a Class I felony with a maximum sentence of 24 months. Misdemeanor possession of marijuana may be charged as either a class 1 misdemeanor (maximum punishment of 120 days in jail) or a class 3 misdemeanor (maximum punishment of 20 days in jail).
North Carolina drug charges, such as possession of cocaine and possession of marijuana, have serious penalties and consequences. If you are charged in Winston-Salem with a North Carolina drug crime such as misdemeanor possession of marijuana or felony possession of cocaine in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney. Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.