According to the National Survey on Drug Use and Health, 14% of people in North Carolina last year age 12 years and older used an illicit drug in the past year. As NC now considers a bill that would allow medical marijuana use, what happens if you face marijuana possession charges? Let’s look at current marijuana possession charges in NC.
Is Marijuana Even Dangerous?
CBS17.com reports that “North Carolina does not keep track of marijuana-impaired driving. It all falls under one statute.” In other words, if an officer believes you are high on weed, they can arrest you on that suspicion and let it all play out in court.
DWI charges cover any kind of drug that impairs your driving. However, without keeping track of what drugs cause crashes, North Carolina cannot see if marijuana is dangerous for drivers.
An IIHS study of injured drivers who visited emergency rooms in California, Colorado, and Oregon showed that drivers who used marijuana alone were no more likely to be involved in crashes than drivers who hadn’t used the drug.
A 2015 study by the National Highway Traffic Safety Administration “observed that using a measure of THC as evidence of a driver’s impairment is not supported by scientific evidence to date.” A DWI is a serious charge, but what about marijuana possession?
How Many Ounces Do You Possess?
The amount of marijuana you possess has everything to do with what legal consequences you may face. If you have .5oz or less, you’re looking at a misdemeanor charge and a maximum fine of $200. If you want to estimate, ½ an ounce or .5 ounces is approximately 3 tsp.
The next level of possession is .5 to 1.5 oz. With this amount, you face a misdemeanor conviction, a $1000 fine, and up to 45 days in jail for a first offense. 1.5 ounces is roughly equivalent to 3 tbsp.
If you possess more than 1.5 ounces or up to 10 lbs of marijuana, your penalties are stiffer. In this case, you could face felony charges and significant jail time depending on your prior criminal record.
Fight For a Clean Record
North Carolina ranks drugs according to what they do to your body and their addiction potential. Schedule one drugs include heroin, ecstasy, and methamphetamine. These drugs are high in addiction potential and cause detrimental effects to users.
NC ranks marijuana as a Schedule six drug, but even as a lower-level charge, you can still face arrest and criminal charges. Don’t mistake marijuana possession as no big deal. The state still gives out stiff penalties.
With a misdemeanor conviction, you gain a criminal record that prevents you from getting a good job, a nice apartment, or a new home loan. And it’s not just you who suffers from a conviction. Your family is likely to also deal with consequences as your standard of living suffers across the board. A conviction for a drug violation can result in losing a job you already have and cause you to lose public housing, food stamp eligibility, and financial aid for college.
Almost any organization you’d like to be a part of does background checks, and even if your criminal record is not a problem for them, others will know that you have a record and may treat you differently because of it.
Is it Marijuana?
You can be arrested for a range of drug-related offenses if an officer suspects you possess an illegal substance. They can also arrest you if they have probable cause to believe you are driving under the influence of a controlled substance.
However, law enforcement cannot prove that what they see or smell is marijuana. Often, police may assume they smell marijuana when it is only hemp. Hemp is not illegal, and police don’t always test the substance you’ve used. It is vital for your defense not to make guilty admissions to the police about what you may have in your possession.
You can also face marijuana possession charges even if you did not know about the marijuana. If you are with a friend who possesses marijuana, you could also be arrested just for being in the same room.
What if I’m Arrested?
If arrested, it is always best not to speak. Let law enforcement know that you would like to cooperate but will not talk about what has happened without your attorney present. You do have the right to remain silent, so speak up and claim your rights.
If you’re in this situation, you may feel quite a bit of anxiety over what will happen next. With personal detainment and seizure of your personal effects, you may feel unsure of your next steps. In this situation, it is always best to have an attorney walk you through a drug charge. Getting caught up in the system can lead to repercussions that last a lifetime.
We Can Help
Our attorneys at Cape Fear Law help people like you navigate the legal system in North Carolina. With our extensive knowledge of the law, we thoroughly investigate your arrest and the constitutionality of searches. Possession Charges in NC can be scary and have unpredictable outcomes. An experienced criminal defense attorney can push the odds in your favor.
Contact us today and find out how we can help you.