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Drug Crimes

Drug Crimes

A drug offense can range from possessing the drug to selling or trafficking of a drug. There are only a few things that can be more damaging to your record and reputation than a drug conviction. It is important to hire a skilled defense attorney to help you with this matter. We urge you to contact an attorney immediately, as time can be of the essence in the resolution of your charge.

At Mahlum Law Office, we will review all of the evidence in your case. We will determine if the officer had a valid reason to stop your vehicle, or search you, your home, or your vehicle. We will also determine whether your consent to search was free and voluntary, and whether the State can prove you were in possession of the drugs. If the State cannot prove their case or the officer violated your constitutional rights we will fight to have your case dismissed.

Drug Offenses

Marijuana

The most common marijuana offense is Simple Possession of Marijuana, a misdemeanor.  Possessing up to 1/2 of an ounce of marijuana is considered a Class 3 Misdemeanor, the lowest class of misdemeanor.  Possessing between 1/2 of an ounce and 1 and 1/2 ounce of  marijuana is a Class 1 Misdemeanor, but is not a common charge.  Possession of more than 1 and 1/2 ounce is automatically a felony offense.

Possession with Intent to Sell or Deliver (PWISD) is a felony offense, as is Sale or Delivery of Marijuana, regardless of the amount possessed.  Rarely is there direct evidence of “intent” and the District Attorney typically tries to prove “intent to Sell or Deliver” through circumstantial evidence.  There is no threshold amount that must be possessed to be charged with PWISD, so police look at several factors in determining whether to charge someone with this offense, including the way the drug was packaged, the quantity possessed, and the presence of any money or Drug Paraphernalia.

Cocaine

Possession of Cocaine is a felony offense, regardless of how much is possessed, and there is no distinction between powder cocaine or “crack.”  The same factors listed above are used to determine whether the police will charge Possession with Intent to Sell or Deliver, but it is safe to say possession of several different baggies of cocaine or crack will result in a charge of PWISD Cocaine.

Other Drugs

There are dozens of other drugs, each with their own criminal offenses.  Ranging from Pills to Heroin, possessing most of these drugs will result in a felony charge (unless, of course, the possessor has a valid prescription).

Trafficking in Controlled Substances

Under North Carolina law, possession, sale, delivery, or maintaining of a certain amount of a controlled substance can result in a conviction of a trafficking offense that carries a mandatory prison sentence and substantial mandatory fines, even for a first time offender. If you have been charged with drug trafficking you need to take immediate action to protect your rights.