Legal Question in Criminal Law in North Carolina

What's the punishment for 2nd time offenders of marijuana possession?

I am 18 and was just recently writen a ticket for using marijauna and I had a bowl. On the ticket the part that has what you did they marked number 10(knowingly (use) and...) and number 12 they marked and wrote did posses less then 1/2 ounce of a schedule VI c.s. I also got another paper with my ticket a property report marked down for 2 items 1. Aluminium tin with green vegetable material and 2. pipe containing green vegetable material. Befor this charge I was charged with possession in virginia but I was not convicted because I took a deal. So I would like to know what kind of punishment to expect?

Thanks Adam


Asked on 4/22/05, 7:50 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: What's the punishment for 2nd time offenders of marijuana possession?

Assuming that "the deal you took" was a Suspended Imposition of Sentence(SIS)which allowed you to escape from that particular charge without a record of conviction, this time around is unlikely to be as easy for you, and, therefore, you should expect a conviction for the possession charge with a probable dismissal of the paraphernalia charge(aluminun tin + pipe). You should also expect at least a six months suspension on your license to drive, mandatory attendance at ASAP or some other substance abuse program, perhaps, some hours of community service for you to complete, the payment of a modest fine is not inconceivable under these circumstances and the payment of all court costs associated with this matter.

Also, if you're still within your probationary period for your previous charge, you can expect that the court will withdraw the SIS which you received in that case and impose whatever sentence that was orignially suspended.

Finally, needless to say, you should have competent defense counsel representing you in this matter.

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Answered on 4/22/05, 8:55 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What's the punishment for 2nd time offenders of marijuana possession?

I see now that North Carolina law would apply here rather than Virginia's, but would still surmise that what I've proposed as to a likely disposition of this case under Virginia law would

also likely be fairly similar to any disposition under the law of N. Carolina.

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Answered on 4/22/05, 11:16 am


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