What Does Simple Possession Mean?

The crime of simple possession occurs when someone possesses a small amount of an illegal substance for their own personal use without the intent to sell it or give it to anyone else. 

Regarding the possession of marijuana, policy has been constantly evolving across the United States. Medical marijuana is permitted in many places, while recreational marijuana is permitted in others. Further, certain marijuana possession penalties have been decriminalized in at least 27 states in the U.S.

In North Carolina, possession of small amounts of marijuana has been decriminalized. This means you will probably not go to jail if you’re arrested, although a small fine may still be issued. Nonetheless, if you have been charged with simple possession of an illegal substance, which can result in a misdemeanor even for first-time offenders, it’s critical to contact a reputable Jacksonville drug crime lawyer who can assist in defending your case and attempting to keep a simple possession charge off your record.

Simple Possession Charge in NC

The severity of the penalty for simple possession is proportional to the type of charge. It also depends on the defendant’s prior record and the circumstances surrounding the case. Therefore, it is always best to speak directly with a simple possession defense attorney about the specifics of your case, as they can give you personalized advice and guidance regarding your own unique circumstances. 

Penalties for Simple Possession of Marijuana

The penalty you receive for drug charges in North Carolina may be largely influenced by your prior criminal history. It is not uncommon for people arrested for simple possession to suffer from a substance abuse problem. While simple possession of marijuana does not always indicate addiction, a history of drug arrests and additional criminal convictions may suggest a substance abuse problem. This, along with the amount of drugs confiscated and the type of drugs involved will play a significant role in the determination of your penalty. (Note that in North Carolina, prescription medications can result in criminal charges.)

The laws regarding marijuana possession in North Carolina can be found in G.S. 90-95. According to this statute, if you are a first-time offender caught with less than half an ounce of marijuana, you may be charged with a Class 3 misdemeanor, in which you may avoid jail time and only need to pay a fine. Possession of one-half to one and a half ounces of marijuana is a Class 1 misdemeanor, which can land you in jail for up to 45 days. If you are in possession of anywhere from one and a half ounces to up to ten pounds of marijuana, the charge becomes a felony and may be punishable by up to one year in prison.

Possession With Intent to Distribute

The State may prosecute you for possession with intent to distribute if you were caught with a suspiciously large amount of marijuana or otherwise had it packaged in a specific way. If you were caught with less than 10 pounds and were charged with intent to distribute, you may face 3 to 8 months in prison and a fine of up to $1,000. However, intent to distribute may also be considered drug trafficking in North Carolina once it reaches a certain amount (over 10 pounds) and is a serious offense that can lead to much harsher penalties.