As a criminal defense law firm in Durham, we have represented countless clients who have been charged with various drug and alcohol-related offenses, including underage possession of alcohol, marijuana “simple possession,” and illegal drug paraphernalia charges.
Given the possible long-term consequences, it makes sense to hire an attorney if you’re charged with underage consumption, possession of a Fake ID, and misdemeanor drug charges in Durham.
Unfortunately, there is a lot of misinformation out there. While a lot of people smoke marijuana, drink while being underage and think nothing of it, the consequences of a conviction can be quite serious – Cole Williams, Durham Criminal Defense Lawyer
Firstly, let’s address the fact that although many people assume they’re minor or “no big deal,” these charges can really cause future problems.
What are the consequences of a conviction?
A conviction for some of the more commonly charged crimes like underage possession or possession of marijuana or drug paraphernalia charges, for example, can result in a permanent criminal record, hefty fines, and even jail time in certain circumstances.
These charges can affect your employment opportunities, housing options, and even your ability to enter the military or attend the college of your choice.
Some drug-related charges, especially those involving felony allegations for “vaping” shatter, wax, or oil, and the related drug paraphernalia charges in North Carolina, carry harsh penalties if convicted and can be difficult to navigate in the court system.
Using forms of marijuana resin extracts, such as wax, shatter, dabs, and hash, as well as vaping and cartridges for vaping, is illegal in North Carolina. It can result in felony charges involving possession of very small amounts of controlled substances.
Having an attorney on your side can help ensure that your rights are protected throughout the legal process.
We take the time to review the evidence against you, explore potential defenses, and negotiate with the prosecution when appropriate.
What is “drug paraphernalia?”
Drug paraphernalia is defined as any object that is intended to be used in the cultivation, manufacture, distribution, and consumption of illegal drugs.
Drug paraphernalia may include drug-related objects such as pipes, rolling papers, scales, bongs, syringes, and other items that are used in the production or consumption of controlled substances.
In North Carolina, certain types of possession of drug paraphernalia is a Class 1 misdemeanor, which can carry up to 120 days in jail.
Are there different marijuana possession charges in North Carolina?
Marijuana and hemp are different types or varieties of the Cannabis Sativa plant.
Under the NC drug laws, hemp cannot contain more than 0.3 percent (0.3%) of Tetrahydrocannabinol or “THC.” In fact, Hemp is characterized as an agricultural commodity.
A special license is required to grow commercial hemp under the NC hemp pilot program. As such, you cannot legally grow hemp in your backyard.
Under both federal and North Carolina law, marijuana is an illegal substance. The cannabis indica plant, in the family Cannabaceae species, produces large amounts of tetrahydrocannabinol (THC).
THC’s active components make a person feel “high” or “stoned.”
Illegal drug paraphernalia possession, including those designed for using of marijuana extracts, is a criminal offense.
Whether an item constitutes drug paraphernalia requires careful consideration of the law and surrounding fact pattern – Cole Williams, Durham Defense Lawyer
Examples of Marijuana charges in North Carolina – STATE COURT
- Simple possession of marijuana – Misdemeanor
- Felony possession of Marijuana
- Possession with Intent to Sell / Possession with Intent to Deliver Marijuana – Felony
- Felony Sale or Delivery of Marijuana
- Trafficking Marijuana
Is Marijuana Drug Paraphernalia different?
Possession of marijuana drug paraphernalia in North Carolina remains illegal and is classified under N.C.G.S. § 90-113.22A as a Class 3 Misdemeanor. Marijuana drug paraphernalia may also include things relating to growing, storing, planting, concealing, ingesting, packaging, inhaling, and introducing marijuana into the human body.
It is important to remember that simply possessing drug paraphernalia does not necessarily mean someone has committed a crime, as this will depend upon the facts of the case. For example, possession of paraphernalia for legal hemp products is legal.
We think it’s always important to consult with an experienced criminal defense attorney if you have been accused or charged with a crime.
An experienced criminal defense attorney can help review your case and advise you of your rights and possible defenses.
Certain types of Hemp are legal in North Carolina
Hemp and hemp-related products, such as CBD, must contain less than 0.3 percent (0.3%) THC – Tetrahydrocannabinol.
Underage Possession of Alcohol charges in Durham
Underage possession of alcohol is a criminal offense in Durham and throughout North Carolina.
It’s illegal to purchase or possess alcohol if you are under the legal drinking age of 21 years old. Depending on the circumstances, an underage possession charge is ordinarily a misdemeanor offense.
If convicted, you may face fines, community service, or even jail time in the discretion of the Court (the sentencing Judge).
It’s important to seek advice from an experienced criminal defense attorney if you have been accused of underage possession or any other alcohol-related offense.
An experienced criminal defense lawyer will be able to review your case and advise you of all of your rights and potential defenses.
We often work with the District Attorney’s Office in Durham to negotiate underage drinking, marijuana, and different forms of alcohol possession charges involving college students, highschoolers, and other young adults – Cole Williams, Criminal Defense Attorney
Is using a Fake ID a big deal in North Carolina?
Using a fake ID, or attempting to use a fake identification document in North Carolina can be charged as a Class 1 Misdemeanor with up to 120 days of jail time.
It also can result in a suspension of your NC driver’s license under N.C.G.S. 20-17.3.
It is important to note that this type of offense is considered a “strict liability” crime, meaning that your intention or knowledge does not matter – simply possessing the fake ID is enough for a conviction.
Because it can carry jail time and potentially hurt your future opportunities, it’s always important to consult an experienced criminal defense attorney if you have been accused of using a fake ID.
An experienced criminal defense lawyer can help review your case, advise you of all your rights and potential defenses, and work with the District Attorney’s Office to possibly negotiate a dismissal when possible.
Each case, like each fact pattern and each client, is different. No lawyer can promise or guarantee a dismissal of charges or another favorable outcome.
We understand the complexity and seriousness of criminal charges, and invite you to contact us. We’d like to help.
NCGS 14-100.1 – Possession or Manufacture of Fraudulent Identification
North Carolina General Statute 14-100.1 makes it a Class 1 Misdemeanor for any person to possess, manufacture, or sell any false, fictitious, fraudulent or counterfeited identification document containing false information as to the age of the possessor.
It carries up to 120 days in jail.
Under this statute, it is also a crime to possess or manufacture any document which has been used as identification purposes and that was unlawfully obtained.
Because this offense carries potential jail time and can have long-term consequences, it’s important to seek advice from an experienced criminal defense attorney if you have been accused of using a fake ID.
An experienced criminal defense lawyer can help review your case, advise you of all your rights and potential defenses.
Criminal defense is complicated
Because of the possible consequences of a conviction, we strongly encourage people accused of any misdemeanor or felony charges in Durham to immediately consult with an experienced criminal lawyer.
Moreover, hiring a criminal defense attorney means you have someone advocating for you every step of the way.
A private attorney is focused on fighting for your rights and working towards a favorable outcome.
A criminal defense lawyer can also help you navigate the criminal justice system, which can be confusing and overwhelming for those who are not familiar with it.
Finally, hiring a lawyer can ultimately save you money in the long run.
While it may seem like an added expense, the cost of a criminal conviction can have long-lasting financial consequences.
Fines, restitution, and court fees can quickly add up, not to mention the potential loss of income resulting from a criminal record. Investing in an experienced attorney can be an investment in your future.
Cole Williams – Durham Criminal Defense Lawyer
If you are facing charges for underage possession, marijuana possession, or drug paraphernalia possession in Durham, it is paramount that you hire an experienced criminal defense lawyer.
Your freedom, reputation, and future are at stake, and an attorney can help ensure that your rights are protected.
Don’t wait to seek legal counsel – your future may depend on it.