Legal Question in Criminal Law in North Carolina
Is it true that if you have a gram of marijuana in North Carolina you cannot be charged as a criminal?
2 Answers from Attorneys
You might want to be more specific. Are you asking if having a gram of marijuana is a crime? If so, it is. If that is not your question, please restate.
First, you need to understand that in the United States, you are not 'charged as a criminal'. You are charged with committing a specific crime(s) and are presumed innocent until proven guilty in a court of law. Whether or not you are a criminal as a result of a charge depends on the whether or not you are convicted. In North Carolina, possession of ANY amount of marijuana is a crime. Even trace amounts such as leftover 'roachs' or seeds is illegal and can result in a criminal charge. Theoretically, even marijuana residue in a pipe would be sufficient to result in most likely a charge possession of both marijuana and paraphernalia. The amount of marijuana is only relevant to the punishment for the crime. So don't mess around with marijuana and don't take advice from your 'street lawyer' pals - if you get caught, they won't be doing the time - you will!
Related Questions & Answers
-
Will I go to jail for a larceny charge when im already a felon Asked 1/20/14, 10:46 am in United States North Carolina Criminal Law