Possession

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Goldsboro Drug Possession Defense Lawyer

Defending You Vigorously Against Your Drug Possession Charges

North Carolina has strict rules in place about the illegal possession of controlled substances. If you have been accused of or arrested for drug possession, you could be facing years in jail and hundreds to thousands of dollars in fines. Strickland Agner Pittman is a highly experienced defense firm that is ready to champion your defense. We strive to do justice by our clients, and we will defend you vigorously in court. Whether you have been charged with constructive (indirect) possession of a drug or marijuana possession with the intent to distribute, Strickland Agner Pittman is here to help you.


Schedule an initial consultation with our firm to get started on your defense immediately.


What Is a Crime of Drug Possession?

There are two different categories of drug possession that constitute a criminal offense:

  • Actual possession – You may be accused of “actual possession” of a controlled substance if: 1) the alleged drug is found on your person, 2) you are aware of the drug’s presence, and 3) you intend to use it, dispose of it, or otherwise control it. 
  • Constructive possession – You may be charged with “constructive possession” if you do not have actual possession of the drug but have the intent and capability to maintain control over the substance (e.g., illegal drugs are found in a home you share with other roommates).

The penalties for possession will not differ between actual possession and constructive possession; you will nonetheless face the same penalties if you are deemed in possession of any controlled substance.

Penalties for Drug Possession

Drug possession is generally penalized based on the type (schedule) of the drug and the amount in possession:

  • Schedule I (e.g., heroin, LSD, Psilocybin shrooms, other hallucinogens) – a felony punishable by up to 5 years in prison and/or some amount in fines
  • Schedule II (e.g., morphine, Percocet, fentanyl, cocaine, opium extracts and narcotics, amphetamine) – a misdemeanor punishable by up to 2 years in prison and $2,000 in fines or a felony punishable by up to 5 years in prison and/or a fine
  • Schedule III (e.g., anabolic steroids, codeine-based cough suppressants) – a misdemeanor punishable by up to 2 years in prison and a fine or a felony punishable by up to 5 years in prison and/or a fine
  • Schedule IV (narcotics and stimulants like Valium) – a misdemeanor punishable by up to 2 years in prison and a fine or a felony punishable by up to 5 years in prison and/or a fine
  • Schedule V (compounds containing limited amounts of substances like codeine or opium) – a misdemeanor punishable by up to 6 months in prison and/or a fine
  • Schedule VI (e.g., marijuana, THC) – a misdemeanor punishable by 30 days to 2 years in prison and some amount in fines or a felony punishable by up to 5 years in prison and a fine

Schedule an initial consultation with our firm today to discuss your unique defense options, whether you have been accused of actual possession or constructive possession.


Marijuana Possession Laws in North Carolina

It is illegal to use or possess marijuana in any capacity in North Carolina. The state classifies marijuana as a Schedule VI substance under the North Carolina Controlled Substances Act, which penalizes possession based on the amount:

  • 0.5 ounces or less – a Class 3 misdemeanor punishable by a maximum fine of $200
  • 0.5-1.5 ounces – a Class 1 misdemeanor punishable by up to 45 days in prison and a discretionary fine for a first offense
  • 1.5 ounces to 10 pounds – a Class I felony punishable by 3-8 months in prison and a discretionary fine for a first offense

Strickland Agner Pittman is an experienced defense firm that can help you strategize a case for mitigated or even dismissed charges in the face of drug possession charges in Goldsboro, NC.

Possession of marijuana becomes “possession with intent to distribute” in cases involving large amounts of the drug, and these possession crimes are penalized as felonies: 

  • 10-50 pounds – a Class H felony punishable by a minimum of 25 months in prison and a maximum of 39 months in prison, as well as a fine of at least $5,000 
  • 50-2,000 pounds – a Class G felony punishable by a minimum of 35 months in prison and a maximum of 51 months in prison, as well as a fine of at least $25,000 
  • 2,000-10,000 pounds – a Class F felony punishable by a minimum of 70 months in prison and a maximum of 93 months in prison, as well as a fine of at least $50,000 
  • 10,000 pounds or more – a Class D felony punishable by a minimum of 175 months in prison and a maximum of 222 months imprisonment, as well as a fine of at least $200,000

If you have been accused of drug possession, the first thing you should do is contact an experienced defense attorney to champion your rights. As a defendant, you have several constitutional rights that must be respected, including the right to legal counsel.