Most people still don’t realize that the odor of marijuana provides probable cause for the police to search your car or your home. Consider the case of former NBA player, Glen Davis, who was recently arrested on drug charges. The court records indicate that the reason the police were called was due to the fact that the hotel owner smelled marijuana. After entering Glen Davis’ room, the police found 126 grams of marijuana and $92,000 in cash.
Davis was charged in Maryland, but let’s consider these facts and circumstances under North Carolina law. The amount of marijuana found in Davis’ room may seem like an extremely large amount until you do the math. It takes 448 grams to equal one pound of marijuana. It takes an excess of 10 pounds of marijuana to be charged with trafficking marijuana. Therefore, under North Carolina law, the drug charge that Davis would most likely face is possession with intent to sell and deliver marijuana (PWISD marijuana). PWISD marijuana is a class I felony, which is the lowest class of felony under North Carolina law. The maximum punishment is 24 months in prison, however a prison sentence for a class I felony is not mandatory which is quite different from trafficking marijuana. A conviction in North Carolina for trafficking marijuana includes a mandatory active sentence depending on the amount of marijuana.
According to North Carolina General Statute 90-95(h), here are the following punishments for trafficking marijuana:
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).
Davis’ attorney has issued a statement saying that his clients both maintains his innocence and looks forward to clearing his name of these charges.
North Carolina felony drug charges have serious penalties and consequences. If you are charged with a North Carolina drug crime such as possession with intent to sell or deliver 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 in Winston-Salem. 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.