Marijuana Lawyer Greensboro, NC

Garrett, Walker, Aycoth & Olson, Attorneys at Law, is the law firm you trust with your marijuana charges. Marijuana is a Schedule VI controlled substance in North Carolina and as of the writing of this breakdown, is still illegal to possess. North Carolina has divided marijuana charges across a very broad range of cases and our criminal lawyers have helped countless clients with marijuana charges through the years. We focus on trying to find a way to have charges dismissed, and if the state won’t dismiss them, then we do our very best to have the charges reduced to the lowest point possible. Let’s go through these Marijuana charges together so you can have a better understanding of how they work.

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Table of Contents

Possession of Marijuana Less Than Half an Ounce

Just as the charge itself says, being in possession of marijuana less than ½ an ounce, is a crime in North Carolina. This is a Class 3 misdemeanor that can face up to 20 days in jail. Our top rated marijuana lawyers in Greensboro, NC, understand how to help you with your possessing less than half an ounce of weed charges and how to protect your record.

Possession of Marijuana Drug Paraphernalia

Welcome to the world of Marijuana charges in Greensboro, NC. Our weed lawyers deal with a host of issues related to these cases and marijuana has a lot of unique charges, including possession of marijuana paraphernalia. In North Carolina, it’s illegal to use or possess with the intent to use, drug paraphernalia specifically for marijuana use. This is a Class 3 Misdemeanor in North Carolina and can be sentenced up to 20 days in jail. Interesting to note, being in possession of drug paraphernalia for all other drugs is a class 1 misdemeanor, but when it comes to drug paraphernalia for marijuana use, it’s a far lower charge and a Class 3 Misdemeanor.

Possession of Marijuana between Half an Ounce and One and One-Half Ounces

The next level up in North Carolina is possessing marijuana between .5 to 1.5 ounces of weed. This is still a misdemeanor level charge, however, this is a Class 1 Misdemeanor. This is the second highest misdemeanor one can be charged with in North Carolina, and you’re facing up to a maximum of 120 days in jail. Our top rated criminal lawyers know how to fight to protect your rights in these situations and will do everything they can to protect your record from marijuana charges.

Felony Possession of Marijuana

The next level up is possessing greater than 1.5 ounces of weed. This is a Class I felony. Felony charges go from A, which is Murder, down to I, which is Felony Possession of Marijuana. A Class I Felony Charge faces up to a maximum of 24 months in prison. Our marijuana attorneys have helped a number of people with felony marijuana charges of every sort. Our focus is finding a way to protect your record, having charges reduced if the District Attorney won’t allow for a dismissal of the case with a focus on keeping you out of jail.

PWISD Marijuana

Possession with the Intent to Sell and Deliver Marijuana, is an interesting charge, because even though it would seem it’s a higher level charge than Felony Possession it’s punishment level is the same. PWISD Marijuana and PWIMSD Marijuana are both Class I felony charges, facing up to a maximum of 24 Months in Prison. To Learn more about Possession with Intent to Sell and Deliver cases, click here: PWISD Drug Lawyers.

Sell or Deliver Marijuana

We know, this sounds like the same charge as the one above, but the difference here is instead of having the intent to sell and deliver, you’re actually caught doing it. Felony Sell or Deliver Marijuana is a Class H Felony in North Carolina facing up to a maximum of 39 months in jail. Our Felony Marijuana Lawyers have helped a lot of people with sell or delivery of marijuana cases and we’re here to help you with yours. This charge is not based on the amount of weed, but rather the act of selling or delivering marijuana. Gifting someone half an ounce of weed, a misdemeanor amount, can result in this charge, even making no money on it because it’s sell or delivery of marijuana.

An interesting little tid-bit in North Carolina, is if you were to deliver, or give someone 5 grams of weed, or 2.5 grams of a synthetic cannabinoid and not receive any money or anything for it, this does not meet the criteria for delivery of Marijuana in NC. They should only charge you with a misdemeanor marijuana charge because of the delivery quantity. You need more than 5 grams of marijuana and more than 2.5 grams of synthetic weed in order to reach this felony deliver charge. But, if you get money or anything for it, even if it’s just a gram of weed this would make it a sale and a felony sell or deliver marijuana case.

Also, important to note, sell or delivery of drugs to juveniles and pregnant women greatly increases the level of this crime. Sell or Delivery to a Pregnant Woman or to a Person under 16 and above 13 in North Carolina faces a Class D felony. This crime is equal to an armed robbery and facing a maximum of 204 Months in Prison. Sell or Delivery to a person under 13, is a Class C Felony, equal to assault with a deadly weapon with the intent to kill inflicting serious injury with a possible maximum of 231 Months in Prison.

Elements of Sell or Deliver Marijuana Cases

A person is guilty of this offense if they:

  1. Knowingly
    1. Sells OR
    2. Delivers
  2. Marijuana
  3. To Another Person
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Marijuana Trafficking

Trafficking in Marijuana is quite a jump up from Felony Possession of Marijuana. So, Felony Possession of Marijuana starts up 1.5 oz of weed and covers marijuana possession all the way up to 9.99 LBS. But once you hit the 10 LB mark this is when in North Carolina you’ll be charged with Marijuana Trafficking. Please note, trafficking only is based on the quantity of the substance. It doesn’t matter if it’s stored in a shed, or you have it in your car – trafficking drugs in North Carolina is not based on what you’re doing with the marijuana, it’s only based on the amount of weed.

Drug trafficking crimes are unique in that if you’re convicted of trafficking in marijuana you face a mandatory active sentence and a mandatory fine – meaning, there’s no probation for trafficking in marijuana. Conspiracy to Traffic in Marijuana carries the same sentence as marijuana trafficking. Our trafficking attorneys try to find way for the District Attorney to reduce the charge to Felony Possession or Attempted Drug Trafficking which takes away the mandatory aspect of the sentence, as well as the mandatory fine, and we’ve done so on numerous occasions. Recently, a client had over 700 LBS of Marijuana, was charged with Marijuana Trafficking along with a firearm and he was previously a convicted felon. Our lawyers managed to get his case reduced to attempted marijuana drug trafficking with probation and not a single day in jail.

Please note the statute reads that it’s the weed or any combination thereof meaning that if you have pot brownies, they can weigh the entire brownie to get to the weight. They are not going to separate the weight of the weed from the brownie mix, and you’re on the hook for the total weight. 10 lbs of weed brownies would result in a trafficking in marijuana case. Our Drug trafficking lawyers have gone through drug trafficking cases and broken down how they operate here: Greensboro drug trafficking lawyers

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Trafficking in Marijuana

  1. 10 LBS to 50 LBS – 25 – 39 Months – $5K FINE
  2. 50 LBS to 2,000 LBS – 35 – 51 Months – $25K FINE
  3. 2,000 LBS to 10,000 LBS – 70 – 84 Months – $50K FINE
  4. 10,000 LBS+ – 175 – 219 Months – $200K FINE

NC Marijuana Laws Information

With Marijuana charges there are a broad range or areas to attack. Currently, Marijuana issues are being put before Legislatures across the country and whether or not to Legalize Marijuana is a common question. However, until legalization happens, Marijuana cases present interesting challenges when it comes to the Drug itself. One of the more recent areas is the use of Forensics in Challenging Marijuana cases. With an ever growing number of issues when it comes to challenging cases, whether it be prosecutorial misconduct, failings of defense attorneys to properly represent clients, various flaw in eyewitness identification, police lineups which are extremely biased, false confessions, and then as we have here, the barrage of issues found in crime laboratories. Recently, media outlets across the United States, and most importantly, in North Carolina, the question remains that if there are issues with DNA at these laboratories which lead to innocence, is it possible to use forensics to determine that the alleged Marijuana wasn’t Marijuana after all?

Marijuana charges lead to convictions in a vast majority of cases in District and Superior Courts across North Carolina, including Greensboro, High Point & Asheboro. This is evident by statutes being developed to benefit Defendants charged with Marijuana crimes, such as NCGS 90-96, which allow for those charged to have the opportunity to have their Marijuana charges dismissed upon completion of a Marijuana and Drug Diversion Program. But an area we are continuing to look at is the area of Forensics when it comes to challenging Marijuana cases. Of course there is the Stop, Search & Seizure when it comes to Drug cases, but after these things Forensics could play an ever-important role when it comes to Marijuana and Drug Defense.

Marijuana Attorney

Marijuana’s technical name is CANNABIS SATIVA, and Marijuana plants provide a number identification issues for Forensic Laboratories in North Carolina and throughout the United States. One of the most common tests done in forensic drug laboratories is on Marijuana, including both chopped versions and full plants. Forensic labs utilize a 1972 protocol in order to identify Marijuana, which uses microscopic analysis as well as a chemical spot test. Their protocol established that with Marijuana we are looking for a plant, which CREATES SEEDS, has FLOWERS, is of a certain SUBCLASS SPECIES, and has some or all of the FEATURES of ELMS, NETTLES and HEMPS.

With Marijuana, typically analysts are looking at a form of the Marijuana Plant which is crushed and no longer retains the identifying features of Marijuana. Most Law Enforcement Officials when they seize crushed plants, that they think is Marijuana, then attempt a field examination to determine whether said Plant is a Marijuana Plant. Then they determine whether the plant has seeds, then flowers, then the variety, but the reality is Law Enforcement Officers are not Botanists and they are unable to determine whether a Plant is in fact Marijuana. And to make determinations from a crushed down plant-like material is for all intents and purposes, impossible.

Marijuana Lawyer in Guilford County

Studies have shown that if a Microscope were to analyze a Marijuana leaf, it would show that Marijuana leaves have a bear-claw like structure which appear on top of the Marijuana leaf. But merely eyeing crushed Marijuana will never reveal this property. The subclass which Marijuana falls under, is called dicotyledons, and it has over 31,000 different species, only of one which is Marijuana. Scientists studying the different species have determined that by the studying this subclass, only one subclass has the properties of Marijuana, and that’s Marijuana. The test relied upon by Legislatures across the country and in North Carolina, only tested 600 of those 31,000 to determine what differentiated Marijuana from other plants. The dilemma is that that still leaves over 30,000 species of plants which could have the same characteristics as Marijuana. What does all this mean? This means when a North Carolina state Laboratory is testing for Marijuana it could show a false positive for one of the other 30,000 species which have never been tested.

One of the current tests for Marijuana, is done by spraying TLC with Fast Blue B Salt and the response shows whether there is positive evidence that Marijuana is present. However, current testing is based on a method which only used a small number of plants as the sample by which to differentiate Marijuana from other plants. The current question, as Defense Lawyers and Defendants which were left with is whether or not there truly is an effective testing procedure to determine whether a plant is in fact Marijuana.

Currently, the procedure being used has not differentiated Marijuana from over 30,000 different species of plants. Meaning, what a test would show as Marijuana may very well be testing as positive for Marijuana when in fact it’s one of 30,000 other species of plants. This all goes to show that Marijuana testing done in North Carolina and the United States has an incredibly high chance of giving a false-positive result for Marijuana when it in fact is another species of plant. Therefore, those charged with Marijuana crimes in North Carolina, especially Greensboro, High Point & Asheboro, may be charged with Possessing a Substance, which has tested positive for Marijuana, but could actually be one of 30,000 other plants…meaning it is impossible based on current testing standards to determine whether someone charged with Possession of Marijuana in fact was ever in Possession of Marijuana and not some other species of plant.

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our marijuana lawyers are focused on helping clients with every type of marijuana charge. Contact our law firm today if you or someone you know needs help with a misdemeanor or felony marijuana charge. We’re here to help!

Greensboro Marijuana Possession Statistics

According to the Greensboro Police Department’s Weekly Crime Data; Marijuana and other related drug charges in Greensboro are down across Guilford County. In 2022, as of the writing of this marijuana section there have been 2,473 Drug charges in Greensboro, NC this year through October 2022. This is an 18% decrease from these same period last year.

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Greensboro Marijuana Lawyer Google Review

“Im so greatful to have had Jason working along side me. He was always there when i needed him! Weather i called or texted any hours of the day he would always call me back within 45 min and thats great timing for me. I have personally dealt with Jason and his team on MULTIPLE cases and every outcome i was very satisfied to say the least. He is very transparent with what he tells you and very honest he has never gave me the run around since 2019. Jason will always be my one stop shop lawyer and i am very confident when i send people to him because he treats them as if it was me. Thank you again jason for everything you’ve done for me and my family. You are my family , hes always in great spirits even when he has his own life things going on youll never know because he walks in with a smile and makes it happen one day at a time !”
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Contact Garrett, Walker, Aycoth, & Olson, Attorneys at Law

Garrett, Walker, Aycoth & Olson, Attorneys at Law, is located at 317 S. Greene St., Greensboro, NC 27401. Our office is directly across the street from the Carolina Theater in downtown Greensboro, North Carolina. We can be reached at 336-379-0539. Our Marijuana lawyers are here to help you with all of your legal needs in Greensboro, NC & High Point, NC.

Garrett, Walker, Aycoth, & Olson, Attorneys at Law