Misdemeanor Possession Charges in North Carolina

Are you wondering if the small amount of marijuana you were caught with qualifies as a misdemeanor? In North Carolina, it just might. In The Tar Heel State, drug possession laws distinguish between misdemeanor and felony offenses, depending on the type and amount of controlled substances involved.

Although misdemeanor charges are less severe than felonies, they can still result in significant legal consequences such as fines, probation, and even jail time. We explain below.

Is Simple Possession a Misdemeanor?

Many people wonder if simple possession is a misdemeanor. Simple possession means having a controlled substance for personal use without the intention to distribute, sell, or manufacture it. In North Carolina, simple possession of marijuana in amounts of 1.5 ounces or less is considered a misdemeanor. 

Additionally, possession of a Schedule III, IV, V, or VI drug in small amounts may also result in misdemeanor charges. For instance, having a small quantity of Xanax without a prescription or less than 1 gram of synthetic marijuana would usually lead to a misdemeanor charge.

What Are Some Examples of Misdemeanor Possession Charges?

There are several examples of misdemeanor charges in North Carolina. Common types include the following:

• Marijuana possession. Possession of 0.5 ounces or less is a Class 3 misdemeanor, and possession of greater than 0.5 ounces up to 1.5 ounces is a Class 1 misdemeanor. Possession of greater than 1.5 ounces is a Class I felony.
• Possession of prescription drugs without a valid prescription. These include medications like steroids, certain sedatives, or lower-grade painkillers. Simple possession of these substances in small amounts is often a misdemeanor.
• Possession of drug paraphernalia. Possessing items used for ingesting or storing illegal drugs, such as pipes, bongs, or syringes, can also result in misdemeanor charges.

Although these charges are serious, North Carolina courts may provide first-time offenders with diversion programs or probation as alternatives to incarceration. However, repeat offenses can escalate the severity of penalties.

What Are the Penalties for Misdemeanor Possession Charges in North Carolina?

The penalties for possession in North Carolina can vary based on the substance, quantity, and whether the defendant has prior convictions. Below is a breakdown of potential penalties:

• Class 1 Misdemeanor. This level of offense applies to possession of certain quantities of Schedule III or IV controlled substances (such as ketamine), unlawful possession of prescription drugs, and drug paraphernalia. It also includes marijuana possession of more than 0.5 ounces but less than 1.5 ounces. Penalties can include up to 120 days in jail, probation, community service, and fines, depending on the specifics of the offense and any prior criminal history.
• Class 2 Misdemeanor. This applies to possessing Schedule V substances, such as cough medication with codeine, without a valid prescription. This charge results in up to 60 days in jail.
• Class 3 Misdemeanor. If you possess 0.5 ounces or less of marijuana, this falls within the Class 3 misdemeanor classification. Penalties may involve a fine of up to $200 and probation.

If you’re worried about multiple convictions worsening things, you’re not alone—and we’re here to help. We’ll work to keep you out of jail and protect your future.

What Defenses Are Available for Misdemeanor Possession?

If you are facing a misdemeanor possession charge, several defenses may be available to challenge the case against you. 

• Illegal search and seizure. Imagine you were stopped for a routine traffic violation, and the officer searched your car without a warrant, consent, or probable cause. If they found drugs, that evidence might be thrown out in court due to illegal search and seizure.
• Lack of possession. The prosecution must prove that the drugs were in your possession or control. If the drugs belonged to someone else, your attorney can present evidence to challenge the possession claim.
• Entrapment. In rare cases, if law enforcement officers coerced you into committing the crime when you had no predisposition to do so, this could be used as a defense.

Our experienced criminal law attorney can make all the difference. From reviewing the specifics of your case to crafting a defense strategy, we’ll fight for the best outcome. Whether that’s minimizing penalties or getting the charges dropped altogether.

What Are the Chances of Getting a Felony Dropped to a Misdemeanor?

In North Carolina, the chances of getting a felony dropped to a misdemeanor depending on the circumstances of your case, the amount and type of controlled substance, and your prior criminal history. For example, first-time offenders or those with minimal criminal records may have a better chance of seeing their felony charges reduced.

Need Aggressive Misdemeanor Possession Defense?

An experienced and aggressive attorney is crucial when facing a misdemeanor possession charge in North Carolina. At Tetterton Law Firm, PLLC, we’ve successfully defended clients facing misdemeanor possession charges across North Carolina. We know the local courts and how to fight for you. Contact us today for a free consultation. Your future is too important to leave to chance.