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What We DoGetting charged with marijuana possession can feel strangely out of step with what you hear about marijuana laws elsewhere. North Carolina still treats possession as a criminal offense, and the amount involved can make a big difference in what you are facing.
You may have been cited after a traffic stop. Maybe police found marijuana in a car with several people inside. You might be dealing with a charge after a search of your home.
Whatever happened, do not assume the police report tells the whole story. The state still has to prove its case. At the Law Office of Dewey P. Brinkley, we represent people facing marijuana and other drug charges in Raleigh and Wake County.
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Possession of one-half ounce or less is generally a Class 3 misdemeanor. If the amount is more than one-half ounce, the charge can become a Class 1 misdemeanor. Possession of more than one and one-half ounces can be charged as a Class I felony.
Your prior criminal record can affect sentencing. A felony also carries consequences that can follow you long after the court case ends. Even a misdemeanor drug conviction may appear when an employer, landlord, or licensing board runs a background check. This is why it can be worth talking with a lawyer even when the amount involved seems small.
Imagine police say they found just over one and one-half ounces. That puts the case in a very different category than possession of a few grams.
You should not simply assume the amount listed on the charging paperwork is beyond question. The evidence itself, testing, packaging, and how police handled what they seized may need review.
Police may also point to other items they found. Cash, bags, scales, or messages on a phone may affect the way they describe the situation. Those items still need context. Owning a scale does not automatically prove what police say it proves. Neither does being near marijuana that someone else may have possessed.
One common question is whether the state can actually prove the marijuana belonged to you. Suppose three people are riding in a car and police find marijuana in the center console. Being inside the vehicle does not automatically answer who possessed it.
The same issue can come up in a shared apartment, bedroom, or other space used by more than one person. The search itself may also need attention. Police need legal grounds to stop and search you, your car, or your property. If officers crossed that line, the evidence they found may be challenged.
Other cases turn on the weight of the marijuana, the identification of the substance, or gaps in the state’s evidence. The defense depends on what actually happened.
A lawyer can start by looking at the parts of the case that are easy to miss when you are worried about going to court.
Was the traffic stop lawful? Did police have permission or another legal reason to search? Can the state connect the marijuana to you? Does the alleged weight support the charge that was filed? Your record and personal circumstances may also affect your options.
Attorney Dewey P. Brinkley previously worked as an assistant district attorney in Wake County. Our firm knows the local court process and can help you decide how to respond before you plead guilty or agree to anything.
A marijuana possession charge can feel small until you start thinking about court, your record, and what the conviction could mean later. At the Law Office of Dewey P. Brinkley, we represent people facing marijuana possession and other drug charges in Raleigh and Wake County. We will review the stop, the search, the evidence, and the charge itself. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307, or use this online form to schedule a free consultation and talk through what happened.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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