Possession of Less Than a Half Ounce | Criminal Defense Attorney | Burlington NC

Possession of Less Than a Half Ounce (Personal Use)

In North Carolina, if you have been arrested for possession of marijuana for less than a half ounce, you have been charged with a Class 3 Misdemeanor. North Carolina has provided that if you are a first offender (never been arrested and convicted or deferred prosecution) under the law, then you may be eligible for a dismissal.

If you aren’t eligible for dismissal and if you are convicted of a class 3 misdemeanor (depending upon your record), you may be facing up to 20 days in jail. However, the legislature in North Carolina has provided some specific loopholes to this sentencing structure regarding the possession of marijuana so long as it’s less than a half ounce. Specifically, if you are found guilty of possession of marijuana for less than a half ounce and it is your first drug offense for which you have been convicted, you can neither be sent to jail nor can the judge require that you serve a period of imprisonment as a special condition of probation.

If you have recently been arrested for less than a half ounce of marijuana, you should immediately contact the Whited DelForge & Henkle, PLLC in order to determine your eligibility to either have your charges dismissed or to determine whether the state has a case against you.