DrugPossession
A minor charge does not have to become a permanent record.
A Possession Charge Requires More than Taking a Plea
Many possession charges end in a quick plea that leaves a permanent record visible on every job and housing application. Before accepting any deal, it is worth examining how the evidence was obtained and what the State can actually prove.
Matters we commonly handle
- Simple possession of marijuana, half an ounce or less (N.C. Gen. Stat. § 90-95(a)(3)): Class 3 misdemeanor
- Possession of more than half an ounce up to one and a half ounces: Class 1 misdemeanor
- Possession of cocaine, methamphetamine, or any Schedule I substance (§ 90-95(d)): Class I felony
- Drug paraphernalia (§ 90-113.22): Class 1 misdemeanor; marijuana paraphernalia (§ 90-113.22A): Class 3
Possession is not limited to having the substance in hand. The State must prove you knew it was there and had control over it. In a vehicle with several occupants, that proof is not simple.
What to do now
Do not discuss the case with anyone, including the people who were with you.
Write down how the search happened: whether you were asked for consent, whether there was a warrant, what you were told.
Keep the paperwork for the vehicle or the place where the substance was found.
Do not accept any program or plea without asking first.
A thoughtful, strategic approach
- The search. Without consent, a warrant, or probable cause, the evidence can be suppressed.
- Possession. That the substance was in the vehicle does not prove it was yours.
- The lab analysis. The State must show the substance is what it claims. We request the analysis.
- Diversion programs. On a first charge, a conditional dismissal is often available.
Where your case is heard
- Wake County
- Wake County Justice Center, 300 S. Salisbury Street, Raleigh.
- Forsyth County
- Forsyth County Hall of Justice, 200 N. Main Street, Winston-Salem.
What is at stake
- Class 3 misdemeanor: up to 20 days
- Class 1 misdemeanor: up to 120 days
- Class I felony: 3 to 12 months, with probation common on a first charge
- Possible license suspension and a record that appears on job and housing applications
Frequently asked questions
Is marijuana legal in North Carolina?
No. Hemp under 0.3% THC is legal, and that distinction creates defenses when the State does not test the substance.
Can I clear my record later?
In many cases, yes. We tell you when you become eligible for an expunction.
Does a first charge end in jail?
Rarely. The main risk is the record.
- Fees
- Flat fee available, with payment plans. You know the full fee before you sign.