How much is a paraphernalia charge in NC?
How much is a paraphernalia charge in NC?
North Carolina Laws and Penalties
| Offense | Penalty | Max. Fine |
|---|---|---|
| Possession of .05 – .15 oz | Misdemeanor | $ 200 |
| Possession of more than .15 oz | Felony | $ 200 |
| Paraphernalia | ||
| Use, possession, sale, delivery, or manufacture of paraphernalia | Misdemeanor | $ 1,000 |
What is considered drug paraphernalia in North Carolina?
The North Carolina State Legislature defines drug paraphernalia as “equipment, products or materials used to facilitate, or intended or designed to facilitate, violations of the Controlled Substances Act.” This description includes: Bongs. Glass pipes. Items used for packaging illegal drugs, such as baggies.
How do I get a drug paraphernalia charge dropped in NC?
One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.
Is drug paraphernalia illegal in North Carolina?
(a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance other than marijuana …
How serious is a drug paraphernalia charge in NC?
A drug paraphernalia charge is a Class 1 Misdemeanor, which can come with a maximum jail sentence of 120 days.
What is a Class 2 misdemeanor in NC?
A Class 2 misdemeanor carries a maximum penalty of sixty days in jail and a $1,000 fine. Class 2 misdemeanors include simple assault, disorderly conduct, resisting a police officer, and carrying a concealed weapon.
Is drug possession a felony in NC?
The possession, sale, or trafficking of cocaine is a felony crime in most states. Possession of even a small amount of the drug is charged as a Class I felony in North Carolina, which is punishable by up to one year in jail.
How do you get a possession charge dismissed in NC?
Legal Bases for Dismissal of Drug Charges include:
- Lack of Reasonable Suspicion / Lack of Probable Cause to Stop.
- Improper Search or Seizure of Your Person, Car, or Residence.
- Lack of Voluntary Consent to Search.
- Lack of a Search Warrant to Search / Defective Search Warrant.
Is paraphernalia a felony in NC?
Possession of Drug Paraphernalia (G.S.90-113.22) A drug paraphernalia charge is a Class 1 Misdemeanor, which can come with a maximum jail sentence of 120 days.
Do you get drug tested for a paraphernalia charge?
As the other attorneys have stated, you will most likely not get tested, unless you show up to court intoxicated.
What happens if you get 2 misdemeanors?
When imposing a sentence on more than one misdemeanor offense, a judge may order a concurrent or consecutive sentence. The offenses carry a possible maximum sentence of 150 days in jail. So the most jail time a person charged with multiple misdemeanor offenses can get is 300 days.
Is possession of marijuana paraphernalia a felony in North Carolina?
Under the old law, North Carolina categorized possessing a pipe or rolling papers for marijuana use as a Class 1 Misdemeanor under the same statute that prohibits paraphernalia related to more serious drugs, such as hypodermic needles for injecting heroin.
What are the penalties for drug paraphernalia?
A drug paraphernalia charge is a Class 1 Misdemeanor, which can come with a maximum jail sentence of 120 days. Terms of probation also tend to be longer and more rigorous and may include provisions such as random drug tests, substance abuse classes, and community service.
What happens if police find drug paraphernalia in a car?
If an officer finds scales, baggies, pipes, and cash in the trunk of a car it may be enough to convince him to charge someone with a crime even though it is perfectly legal to possess each of these items by themselves. What are the Consequences? In North Carolina, two main statutes deal with drug paraphernalia.
How can I get my criminal charges dismissed in North Carolina?
In addition to fighting the evidence head-on at a trial, there are a number of avenues available under North Carolina law to achieve an outright dismissal of the charges, particularly for first-time offenders.
