Although states throughout the country have legalized the use of marijuana, North Carolina’s criminal laws regarding the use and distribution of marijuana are among the strictest in the nation. While there are numerous marijuana-related crimes in North Carolina, marijuana trafficking is the most severe, and a conviction for marijuana trafficking can result in significant penalties. If you are charged with marijuana trafficking, it is critical to engage a Charlotte or Concord marijuana trafficking lawyer to help you protect your rights. At the Olsinski Law Firm, PLLC, our seasoned drug crime attorneys are well-versed in what it takes to defend against marijuana trafficking charges. We will work zealously to help you seek a successful legal result under the facts of your case.North Carolina Law Regarding Marijuana Trafficking
Drug trafficking laws criminalize the large-scale distribution of illicit drugs. Thus, in most cases, whether a person is charged with trafficking drugs as opposed to possession depends on the amount of drugs that the person is charged with having. Under North Carolina law, a person will be found guilty of marijuana trafficking if he or she sells, delivers, possesses, or transports marijuana in excess of 10 pounds. Marijuana trafficking is a felony, but the class of felony varies depending on how much marijuana the defendant possessed.
If the defendant had more than 10 but less than 50 pounds, it is a Class H felony, punishable by a minimum fine of $5,000 and imprisonment for at least 25 months but not more than 39 months. While this is the lowest level of marijuana trafficking charge, the penalties are still serious, so the situation demands assistance from a marijuana trafficking attorney in Charlotte or Concord. If the defendant is found guilty of possessing between 50 and 2,000 pounds, the crime is punished as a Class G felony, resulting in a fine of at least $25,000 and a prison term of no less than 35 months and no more than 51 months. Possession of 2,000 pounds up to 10,000 pounds of marijuana is a Class F felony that comes with a minimum fine of $50,000 and imprisonment ranging from 70 to 93 months. Lastly, if a person is convicted of trafficking marijuana and had over 10,000 pounds in his or her possession, he or she will be fined at least $200,000 and imprisoned for a term between 175 and 222 months. If you are charged with marijuana trafficking, it is essential to consult a seasoned drug crime defense attorney to discuss the penalties that you may face and the steps that you can take to avoid a conviction.Defenses to Marijuana Trafficking Charges
In most situations in which a defendant is charged with marijuana trafficking, the State has substantial evidence in its favor. In many cases, however, a defendant and a Concord or Charlotte marijuana trafficking attorney may be able to argue that the State should be precluded from introducing the evidence at trial because it was obtained improperly. All North Carolina citizens are protected by the State and Federal Constitutions from unreasonable searches and seizures. In other words, the police must obtain a warrant to search a person’s property in most cases, unless they can prove that exigent circumstances existed. Additionally, the police must show probable cause to obtain a warrant. Thus, any evidence obtained through a warrantless search or because of an improperly granted warrant may be excluded.Discuss Your Marijuana Trafficking Charges with a Capable North Carolina Attorney
Although marijuana use is gradually becoming legal throughout the country, North Carolina still strictly penalizes anyone found guilty of marijuana trafficking. If you are charged with marijuana trafficking, it is important to discuss your charges with a capable drug crime lawyer and explore your options for seeking a favorable outcome. The experienced attorneys at the Olsinski Law Firm, PLLC represent people charged with marijuana trafficking throughout Mecklenburg and Cabarrus Counties, which includes Charlotte, Concord, Huntersville, Matthews, Mint Hill, Cornelius, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. You can reach us through our online form to schedule a confidential and free conference with a marijuana trafficking lawyer in Concord or Charlotte to discuss your case. We can also be reached at our Charlotte office at 704-405-2580 or at our Concord office at 704-918-4747.