Simple Possession of Schedule VI or Marijuana

In North Carolina, the crime of simple possession of Schedule VI controlled substances is considered a criminal offense. This crime is often referred to as weed possession or marijuana possession. Schedule VI substances are those with a relatively low potential for abuse and no currently accepted medical use in the United States. The most commonly known substance in this category is marijuana.

Defining Simple Possession

Simple possession refers to having a controlled substance for personal use without the intent to distribute or sell it. Under North Carolina law, possession of Schedule VI substances, such as marijuana, is classified as a Class 3 misdemeanor. This classification means that the offense is considered less severe than other drug-related crimes but still carries legal consequences.

Penalties for Simple Possession

The penalties for simple possession of Schedule VI controlled substances in North Carolina are designed to deter individuals from possessing these substances and to uphold public health and safety. Here are some of the possible punishments:

Probation

A person convicted of simple possession may be sentenced to probation. Probation allows the individual to avoid jail time, provided they comply with certain conditions set by the court. These conditions may include regular check-ins with a probation officer, community service, and avoiding contact with known drug users or dealers. Probation is often seen as a way to rehabilitate the offender while still holding them accountable for their actions. During the probation period, the individual must demonstrate good behavior and adhere to all court-mandated requirements. Successful completion of probation can lead to the dismissal of charges, helping to mitigate the impact on the individual’s criminal record.

Fines

Fines are another common penalty for simple possession. The amount of the fine can vary depending on the circumstances of the case and the discretion of the judge. Fines serve as both a punishment and a deterrent to prevent future offenses. The financial burden imposed by fines can be significant, particularly for individuals with limited financial resources. In addition to fines, the court may also require the offender to pay court costs and other related fees. These financial penalties can add up, making it essential to avoid repeated offenses.

Jail Time

In more severe cases, particularly if the individual has prior convictions or if there are aggravating factors, jail time may be imposed. A conviction for simple possession of Schedule VI substances can result in a jail sentence of up to 120 days. The actual length of the jail sentence will depend on various factors, including the defendant’s criminal history and the specifics of the offense. Jail time is a serious consequence that underscores the gravity of drug-related offenses. Even short periods of incarceration can have a significant impact on an individual’s life, affecting employment, housing, and family relationships.

Impact on Criminal Record

A conviction for simple possession of Schedule VI controlled substances will result in a permanent criminal record, which can have long-lasting consequences. This record can affect a person’s ability to find employment, secure housing, and obtain professional licenses. It may also impact their reputation and personal relationships. Having a criminal record can create significant barriers in various aspects of life, making it essential to seek legal representation to mitigate these effects. In some cases, individuals may be eligible for expungement, which can remove the conviction from their record and help them move forward.

Defending Against Simple Possession Charges

If you are facing charges for simple possession of Schedule VI controlled substances, it is crucial to seek legal representation from an experienced criminal defense attorney. A skilled lawyer can help you navigate the complexities of the legal system and build a strong defense to protect your rights. An effective defense strategy may include challenging the evidence, presenting mitigating circumstances, and negotiating with the prosecution for reduced charges or alternative sentencing options. Early intervention by a knowledgeable attorney can significantly improve the chances of a favorable outcome.

Legal Representation

At Doermann Edwards, we are dedicated to defending clients accused of simple possession of Schedule VI controlled substances and other criminal offenses. Our team of dedicated attorneys is committed to providing comprehensive legal services to ensure the best possible outcome for your case. We understand the emotional and legal challenges involved in drug-related cases and are here to support you every step of the way. Our goal is to protect your rights, minimize the impact of the charges on your life, and help you achieve a positive resolution. You can obtain further information concerning these charges at the University of North Carolina’s School of Government website here.

If you or someone you know is facing charges for simple possession of Schedule VI controlled substances in North Carolina, contact us today for a free consultation. You can contact us via phone at 336-314-3749 or by filling out our contact form here. We are here to help you understand your rights and guide you through the legal process.