Although North Carolina has liberalized its marijuana possession laws, it does not mean that it is always legal to possess cannabis in the state. Depending on the amount that you allegedly have in your possession when you are arrested, there can still be serious penalties.
You should hire a marijuana lawyer in Winston-Salem if you are facing marijuana charges because you never know how a conviction could impact you until you actually face the consequences. Even if the charges seem minor, it is always better to have a Winston-Salem drug crime lawyer from McMinn, Fradin, Gray & Logan on your side.
We have over 35 years of experience and are ready to build your defense. Contact us today to learn about your options.
How a Winston-Salem Marijuana Possession Defense Attorney Can Help
Many outcomes are possible when you are facing marijuana charges. Depending on the level of the offense, judges may be working with a mandatory minimum sentence. The most important thing is to know early in your case what you may be facing so you can effectively deal with the charges against you.
Not only do you need to know potential sentences, but you must also have information about how a potential conviction might affect you.
When you are dealing with a criminal charge that depends on physical evidence, you should hire a lawyer early in the process. Our Winston-Salem criminal defense lawyers can do the following for you:
- Explain your legal options for your criminal defense
- Review the procedure leading to your arrest to see if there is any way to fight the criminal charges
- Assist you with other options, such as drug treatment court
- Work to protect your legal rights throughout the process
Charges that rely on seized physical evidence are most likely to be tainted by an illegal seizure or law enforcement overreach. It is always better to have a lawyer review your situation before you make any choices.
When Should I Hire a Lawyer for Marijuana Charges in Winston-Salem, NC?
If you are facing marijuana charges in Winston-Salem, it is worth speaking with an attorney as soon as possible. Even what may seem like a minor possession charge can lead to fines, court requirements, a criminal record, or other consequences, depending on the circumstances.
At McMinn, Fradin, Gray & Logan, we can review the details of your arrest, explain what you are facing, and help you understand your legal options. Getting legal guidance early can also give your attorney more time to examine the evidence and identify potential issues with the prosecution’s case.
For a free legal consultation with a marijuana lawyer serving Winston-Salem, call (336) 485-4907 today
North Carolina Marijuana Possession Laws and Penalties
With some exceptions for medical marijuana, North Carolina makes the following illegal:
- Possession of marijuana
- Cultivating marijuana
- Selling marijuana
- Delivering marijuana
- Possessing marijuana with the intent to sell it
- Creating, selling, or delivering counterfeit marijuana
However, the penalties escalate based on the amount of cannabis that law enforcement claims you have on your person.
- Possession of 0.5 ounces or less of marijuana is a Class 3 misdemeanor punishable by a fine of up to $200.
- Possession of 0.5 ounces to 1.5 ounces of marijuana is a Class 1 misdemeanor that can be punished by up to 45 days in jail and a discretionary fine.
- Possession of more than 1.5 ounces is charged as a Class I felony with a potential prison sentence of 3 to 8 months. A felony conviction will have even more consequences because you can lose your right to own firearms, and your voting rights will be suspended until you complete your sentence.
Possession with intent to distribute could bring an even more serious sentence, depending on the amount of cannabis that you allegedly had. In addition, law enforcement can seize vehicles and property involved in the alleged offense.
During your initial consultation, our marijuana lawyers in Winston-Salem can evaluate the drug charges against you and determine what penalties you may be facing. We could help reduce your sentence, jail time, or could even help you get your charges dropped.
Marijuana Drug and Trafficking Offenses
Marijuana-related charges can involve more than simple possession. Depending on the circumstances, you could be facing allegations involving possession, distribution, impaired driving, or other drug and traffic offenses. Our team can help you understand the charges and work to protect your rights.
- Marijuana possession: We can review the circumstances surrounding the search, seizure, and arrest to identify potential issues with the prosecution’s case.
- Marijuana distribution: If you have been accused of selling or distributing marijuana, our attorneys can examine the evidence and help you understand the potential consequences you face.
- Marijuana trafficking: Trafficking allegations can carry serious penalties. We can investigate the circumstances of the accusation and develop a defense based on the facts of your case.
- Marijuana–related traffic offenses: If marijuana is involved in an impaired driving accusation, we can examine the traffic stop, testing methods, and other evidence used against you.
- Other marijuana charges: Every case has its own circumstances. We can review your specific allegations, explain your options, and help you determine the appropriate next steps.
Collateral Consequences of a Marijuana Crime Conviction
Depending on the seriousness of the charges against you, the state may levy significant penalties. Here are some possible consequences of a marijuana conviction:
- Loss of eligibility for certain government benefits or professional licenses
- A criminal record that can follow you around for the rest of your life
- Loss of your firearms if you are convicted of a felony
You may be eligible for a deferral program for a first marijuana offense. An experienced marijuana defense attorney can negotiate a lighter sentence with the Winston-Salem prosecutor if you choose not to fight the charges against you.
Winston-Salem Marijuana Lawyer Near Me
(336) 485-4907
Defenses to a Marijuana Possession Charge
Convictions for marijuana possession critically depend on the legality of the evidence seized. In most cases our Winston-Salem drug lawyers handle, law enforcement has stopped or searched the accused because they believed the individual had marijuana in their possession.
If you can get the evidence thrown out, the charges against you may be dropped. Your lawyer may be able to exclude evidence in your marijuana possession case if:
- Police did not have probable cause to stop and search you.
- Police exceeded the scope of a legal search warrant.
- There were issues with the chain of custody of seized evidence.
- Police needed to obtain a search warrant and did not do so.
Legal Hurdles for Cannabis-Related Businesses
Cannabis-related businesses can face a complicated mix of criminal, regulatory, licensing, and business issues. Whether you are starting a cannabis-related business, dealing with compliance concerns, or facing a legal dispute, it is important to understand the laws that apply to your situation.
Our team at McMinn, Fradin, Gray & Logan can help you assess your legal circumstances and determine what steps may be available to protect your business interests and keep you informed about your obligations.
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Contact a Winston-Salem Marijuana Attorney Today to Get the Help You Deserve
Facing a marijuana charge can leave you feeling uncertain about what comes next. At McMinn, Fradin, Gray & Logan, we’ll work to give you back your power by helping you understand your rights, your options, and the legal process ahead.
Our marijuana lawyers in Winston-Salem are here to help you make informed decisions and protect your interests. Visit our FAQ page to learn more about marijuana charges and other legal questions, or contact us to discuss your situation.
Call or text (336) 485-4907 or fill out our Free Case Evaluation Form to get started