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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I was found with 43.2 grams of marijuana in North Carolina.

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I was found with 43.2 grams of marijuana in North Carolina. A felony possession charge is for more than 42 grams. My question is does the statute include the weight of the bag separate from the actual plant. The officers weighed my amount including the bag which put me over the felony amount.

Does the bag count in the weight of the amount?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Actually it's 1.5 ounces (which is roughly 42 grams). The law says that possession of 1.5 oz of marijuana is a felony. Section 90-87(16) defines "Marijuana" : means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.


 

ScottyMacEsq :

In short, if you can show that minus the bag, the amount of marijuana present was under that amount, then you could have a very good argument to get this dismissed.

ScottyMacEsq :

The statute clearly contemplates that only marijuana would be considered in the weighing, any only those parts defined.

ScottyMacEsq :

That being said, you need to contact an attorney in your area that deals with criminal law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

The officer weighed the bag whole and charged me with felony possession AND possession with intent to distribute. I only had one bag. They have offered a plea to drop the intent charge and I plea to felony possession, serve one year of probation and charge will be dismissed.

ScottyMacEsq :

That's not a bad deal, and maybe it's because they know that there's a risk it could be thrown out of the weight of the bag was enough to get it below 1.5 oz.

ScottyMacEsq :

That's why I would certainly try to talk to a lawyer in your area, that handles these types of cases and knows how the particular judge in your case would rule on this matter.

ScottyMacEsq :

Did you see my follow up question to your issue?

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