CANADA HAS LEGALIZED MARIJUANA. NORTH CAROLINA? NOT YET

The debate about the legalization of marijuana remains one of of the most polarizing issues affecting the criminal justice system. Based upon legislation that went into effect earlier this week, marijuana is officially legal in Canada with some restrictions. Marijuana is also legal in America in some states, but North Carolina is not one of them.

In North Carolina, the felony of possession of marijuana is a class I felony with a maximum possible sentence of 24 months in prison. Possession more than 1/2 ounce up to 1 1/2 ounces of marijuana is a class 1 misdemeanor, with a maximum sentence of 120 days in jail. Possession of marijuana less than 1/2 ounce is class 3 misdemeanor with a maximum punishment of 20 days in jail.

North Carolina drug charges, such as 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, felony possession of marijuana,  (PWISD marijuana), or trafficking in marijuana 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.

Members of Migos’ Entourage Faces Drug Charges After Concert in North Carolina

First of all, let’s be clear.  No member of the Grammy-nominated hip-hip group Migos has been charged.   The group recently performed at Appalachian State University, and police stopped their tour bus after smelling the odor of marijuana coming from the bus.  After the stop, a search of the bus occurred, and that search resulted in the police find 420 grams of marijuana, which is still less than a pound of marijuana.

Two passengers on the bus were charged with misdemeanor drug possession for charges involving marijuana, Codeine, and Xanax.  Jharon Murphy, who is not a member of the group, was charged with the most serious charges.   Murpy was charged with possession with intent to sell or deliver marijuana (PWISD marijuana), which is a class I felony.  Under North Carolina criminal law, a person charged with this offense faces a maximum penalty of 24 months in prison.  Does that mean that he automatically faces 2 years in prison for this charge?  Absolutely not.

With structured sentencing guidelines in North Carolina, a person’s prior record is taken into account along with the type of North Carolina criminal charge.  With that sentencing framework, judges are then provided guidance regarding the type of sentence they are able to impose.  In addition, there may be some type of plea bargain that the State and the defendant’s attorney will ask the judge to consider and accept, and that plea arrangement may provide additional terms and conditions for the judge to consider.

In any event, if you are charged with a North Carolina drug crime such as misdemeanor possession of marijuana, possession with intent to sell or deliver marijuana (PWISD marijuana), trafficking in marijuana in Forsyth County or one of the surrounding counties such as Guilford County, Davie County,  or Davidson County), you need to speak with an experienced North Carolina criminal defense attorney.  North Carolina felony drug charges have serious penalties and consequences, but you have rights and options.  Please call our office in Winston-Salem at (336) 725-6559 for a free consultation with an experienced criminal defense attorney with the experience and knowledge about drug charges to review your case and to discuss your options.

Now That Marijuana is Legal in California, Thousands of Prior Convictions Will Be Dismissed

In 2016, California voters passed an initiative which made it legal to possess marijuana for recreational purposes.  That law paved the way for recreational maijuana sales in January 2018.  Last week, in response to that law, San Francisco District Attorney George Gascon announced that his office would be dismissing thousands of marijuana-related convictions dating back to 1975.  As a result, almost 5000 felony convictions and more than 3000 misdemeanor convictions will be reviewed as a result of this decision.

Although this news is great news for for some California residents, the possession of marijuana is still illegal in the State of North Carolina.  Some of the most common crimes related to the possession of marijuana in North Carolina are the following:

Possession of Marijuana less than 1/2 Ounce – Class 3 misdmeanor

Possession of Marijuana greater than 1/2 Ounce up to 1 1/2 Ounces – Class 1 misdemeanor

Felony Possession of Marijuana – Class I felony

Possession with Intent to Sell or Deliver Marijuana – Class I felony

Of course, these crimes don’t include trafficking marijuana, which involve the possession of larger amounts of marijuana and more serious consequences and penalties.  Under N.C.G.S. 90-95 (h)(1), “any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as ‘trafficking in marijuana’ and if the quantity of such substance involved:

     a.         Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum           term of 25 months and a maximum term of 39 months in the State’s prison and shall be fined not less than five thousand dollars ($5,000);

     b.         Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum           term of 35 months and a maximum term of 51 months in the State’s prison and shall be fined not less than twenty-five thousand dollars ($25,000);

      c.         Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a                        minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars                    ($50,000);

      d.         Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a        maximum term of 222 months in the State’s prison and shall be fined not less than two hundred thousand dollars ($200,000).”

North Carolina drug charges involving marijuana  can have varying penalties and consequences depending on the amount of marijuana as well as an individual’s prior record.  If you are charged with a North Carolina drug crime involving marijuana such as Felony Possession of Marijuana, PWISD Marijuana, Trafficking Marijuana or some misdemeanor marijuana charge in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney  with experience handling drug charges.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney to review your drug case involving drug charges and to discuss your options.