Traffic Offenses
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MARIJUANA TRAFFICKING DEFENSE
Facing a Marijuana Trafficking Charge in Cabarrus County?
A marijuana trafficking charge is significantly more serious than an ordinary marijuana possession allegation in North Carolina. When the amount involved exceeds the trafficking threshold, a person can face a felony charge carrying substantial prison time and fines.
Importantly, prosecutors do not have to allege that marijuana was actually sold to bring a trafficking charge. North Carolina law applies to selling, manufacturing, delivering, transporting or possessing more than 10 pounds of marijuana.
Attorney Laura M. Baker represents individuals facing serious drug charges in Concord and throughout Cabarrus County. A defense should begin with a careful examination of the alleged marijuana, its weight, where it was discovered, who allegedly possessed it and how law enforcement obtained the evidence.
NORTH CAROLINA MARIJUANA LAW
What Is Marijuana Trafficking in North Carolina?
North Carolina law treats trafficking as a quantity-based marijuana offense. Under G.S. §90-95(h)(1), a person who sells, manufactures, delivers, transports or possesses more than 10 pounds of marijuana can be charged with trafficking in marijuana.
This distinction is important because a trafficking allegation does not necessarily mean the State is accusing someone of running a large-scale drug distribution operation. Possession or transportation of a qualifying quantity can itself support a trafficking charge when the other required elements are established.
The amount allegedly involved also determines which level of the trafficking statute applies, making the identification and weight of the substance particularly important evidence.
BUILDING YOUR DEFENSE
Important Issues in a Marijuana Trafficking Case
01
Possession & Knowledge
Where was the marijuana discovered, who controlled the location or property, and what evidence connects the accused person to it? North Carolina recognizes issues involving both actual and constructive possession.
02
Marijuana Weight
The alleged weight is particularly important because marijuana trafficking begins only when the amount exceeds 10 pounds, with progressively higher statutory levels at greater weights.
03
Search & Seizure
The defense can examine how officers obtained the marijuana and other evidence, including circumstances involving vehicle searches, homes, search warrants and other law-enforcement activity.
04
Statements & Other Evidence
Text messages, phone records, surveillance, witness statements, financial evidence and statements made to investigators may become part of a trafficking prosecution and should be evaluated in context.
WEIGHT MATTERS
Marijuana Weight Can Determine the Trafficking Charge
North Carolina divides marijuana trafficking into several levels according to the weight allegedly involved.
The current statute provides the following quantity ranges:
More than 10 but less than 50 pounds: Class H felony, 25–39 months, with a fine of at least $5,000.
50 but less than 2,000 pounds: Class G felony, 35–51 months, with a fine of at least $25,000.
2,000 but less than 10,000 pounds: Class F felony, 70–93 months, with a fine of at least $50,000.
10,000 pounds or more: Class D felony, 175–222 months, with a fine of at least $200,000.
Because the alleged weight can dramatically change the seriousness of the charge, determining what was weighed and how that quantity was established can be an important part of reviewing the prosecution's evidence.
MORE THAN SIMPLE POSSESSION
Trafficking Does Not Require an Alleged Marijuana Sale
The word “trafficking” can give the impression that prosecutors must prove marijuana was bought or sold. North Carolina's statute is broader.
A trafficking charge can be based on the alleged possession or transportation of more than 10 pounds of marijuana even without an alleged completed sale.
That makes possession an important issue in many cases. Marijuana found in a vehicle, residence or other location may raise questions about who actually possessed it, who exercised control over the location and what the accused person knew.
Those questions should be examined based on the particular evidence rather than assuming that simply being near marijuana establishes responsibility for it.
SEARCHES & EVIDENCE
How Did Police Find the Alleged Marijuana?
The circumstances that led law enforcement to the marijuana can be an important part of the defense.
A trafficking investigation might begin with a traffic stop, vehicle search, search of a residence, surveillance operation, confidential source, package investigation or execution of a search warrant.
The defense can examine what occurred before and during the search, what officers seized, how the evidence was documented and what other evidence prosecutors intend to use.
A marijuana trafficking case involves more than the quantity alleged in a police report. The entire investigation should be reviewed.
SERIOUS DRUG CRIME DEFENSE
Personal Representation for a Serious Felony Charge
A marijuana trafficking charge can expose a person to substantial criminal penalties. When the stakes are this high, the specific facts surrounding the investigation and alleged possession matter.
Attorney Laura M. Baker works directly with her clients to understand what happened and carefully review the prosecution's case.
From the circumstances of the search and alleged possession to the marijuana's weight and other evidence, the defense strategy should be built around the facts of the individual case.
RELATED CRIMINAL DEFENSE SERVICES
Criminal Defense Representation in Cabarrus County
A DWI arrest may involve additional charges or legal issues depending on the circumstances. The Law Office of Laura M. Baker represents clients in a range of criminal and traffic matters throughout Cabarrus County.
Drug Charges
Representation for individuals facing drug possession and other controlled-substance charges.
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Assault Charges
Defense for misdemeanor and felony assault allegations.
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Felony Defense
Representation when serious criminal charges put your freedom and future at risk.
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Expungements
Guidance for eligible individuals seeking to clear qualifying North Carolina criminal records.
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Criminal Defense
Representation for a broad range of misdemeanor and felony criminal matters.
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MARIJUANA TRAFFICKING FAQ
Frequently Asked Questions About Marijuana Trafficking
Marijuana trafficking laws in North Carolina can be confusing, particularly because the seriousness of the charge depends heavily on the amount allegedly involved. The following answers address several common questions about marijuana trafficking charges and investigations in Cabarrus County.
How much marijuana is considered trafficking in North Carolina?
Under current North Carolina law, trafficking in marijuana begins when the quantity is more than 10 pounds.
Do police have to prove I sold marijuana to charge me with trafficking?
No. The trafficking statute also covers manufacturing, delivering, transporting and possessing more than 10 pounds of marijuana.
Is marijuana trafficking a felony in North Carolina?
Yes. Marijuana trafficking is a felony, with the classification ranging from Class H through Class D depending on the quantity involved.
Can marijuana found in a vehicle result in a trafficking charge?
Potentially. If the quantity exceeds the statutory threshold, prosecutors may pursue trafficking by possession or transportation. Whether the evidence establishes the necessary elements depends on the facts of the individual case.
Why does the weight of the marijuana matter?
The statutory trafficking level and associated penalties increase according to the amount involved, beginning at more than 10 pounds and increasing at 50, 2,000 and 10,000 pounds.
Can the search that uncovered marijuana be challenged?
The circumstances surrounding a search can be reviewed by a defense attorney to determine whether legal issues exist concerning evidence obtained during the investigation.
CABARRUS COUNTY MARIJUANA DEFENSE
Marijuana Trafficking Defense in Concord & Cabarrus County
Attorney Laura M. Baker represents individuals facing marijuana trafficking and other serious drug charges in Concord and throughout Cabarrus County, North Carolina.
Marijuana trafficking cases may arise from traffic stops, vehicle searches, searches of homes or other property, packages, surveillance and larger drug investigations. Regardless of how an investigation began, the evidence connecting the accused person to the marijuana and the quantity attributed to that person should be carefully examined.
If you have been arrested, charged or are under investigation for marijuana trafficking in Cabarrus County, obtaining legal advice early can help you better understand the allegations and your options.
SERIOUS CHARGES REQUIRE SERIOUS DEFENSE
Speak With a Cabarrus County Marijuana Trafficking Attorney
If you are facing a marijuana trafficking charge in Concord or elsewhere in Cabarrus County, contact Laura M. Baker to discuss your case and learn more about your legal options.