Can I get charged with possession with intent to sell and deliver 2 grams of marijuana if it was not intended to be sold.

Asked about 2 years ago - New Bern, NC

I was pulled and received other possession and trafficking charges for a different drug but had 2 grams of marijuana not for resale can they legally charge me with possession with intent to sell and deliver the marijuana.

Attorney answers (5)

  1. Joshua Sabert Lowther


    Contributor Level 17


    Lawyers agree

    Answered . You may be charged with the offense if the agents have probable cause to believe that you intended to distribute the marijuana; however, such does not necessarily mean that the prosecutor will be able to prove the "with intent to sell" element beyond a reasonable dout. That is a factual detrmination for the jury.

    Joshua Sabert Lowther, Esq.

  2. Richard Sandford Parrotte

    Contributor Level 8


    Lawyer agrees

    Answered . Under North Carolina law the intent to sell is inferred based upon the amount. The amount threshold is determined by statute based on each controlled substance.

  3. Frank Mascagni III

    Contributor Level 20


    Lawyers agree

    Answered . You posted that this is a "Federal Crime", I assume you really are charged with a state drug crime. Is that more accurate? I further assume you have retained a competent criminal defense attorney to represent you, if not, you need to do so ASAP!

    The police can charge you with trafficking based upon all the facts they have: quantity, packaging, location, number of other types of drugs, drug notes, cell phone/text entries, use of an informant , recorder telephone calls, scales, bongs, straight-shooters, etc. It is up to your attorney to defend you and defend on personal use and possession not trafficking.

    Get counsel now.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. Rocco C. Cipparone Jr.

    Contributor Level 7


    Lawyers agree

    Answered . Your question is posted in federal crimes as the topic. I am not a North Carolina attorney, but I do practice in multiple federal jurisdictions. Generally speaking, however, in either state or federal court, even if a person is not caught in the act of selling drugs, he or she can be charged with the possession with intent to distribute. The prosecution still has to prove the crime, which requires specific intent, and in that scenario the surrounding facts and circumstances are very important, including how were the drugs packaged; did the person possessing them have money on or near him/her and in what denominations; how was any money bundled; was any conversation about distributing overheard or stated; was any confession made; and several other case specific facts. It is important to hire an experienced criminal defense attorney to analyze and present the best possible defense that the drugs were for personal use and not distribution if the facts support such a defense.

    www.CIPPARONELAW.COM, NJ & PA. 856-547-2100. This answer is for general educational purposes only. By using or... more
  5. Matthew Vernon Silva

    Contributor Level 15

    Answered . I am a former NC prosecutor and based on the limited information you provided, you would have a defense to PWIMSD Marijuana. However, you need to be concerned about the trafficking charges. Level 1 trafficking (as a State crime) carries a MINIMUM active sentence of 7 years in prison for a Schedule II (I am assuming you had pills). Without a prior record, PWIMSD Sch. VI (marijuana) is a class H felony and you couldn't get more than 4 months (which I have never seen for a first time offender).

    In other words, get an attorney to address the trafficking charge and hope you can plea to the PWIMSD instead.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in... more

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