Full question:
My brother was charged with manufacturing marijuana, possession with intent to sell, and deliver marijuana, maintaining a dwelling for a controlled substance and possession of drug paraphernalia after 24 young plants were discovered in his bedroom closet. He is 36 years old, very gainfully employed making $65,000 a year, and without a criminal past. He has recently been into hydroponics and was also growing all kinds of legal plants. The police found only $20 on his property but took $10,000 out of his checking account--money advanced to him by the company in Texas he was scheduled to relocate to a week later. He has an excellent lawyer and financially solvent parents, so he is getting some help. My question is the possible outcome of all of this. I am terrified that he will end up in prison. What is the maximum price he will have to pay? The whole family is upside down over this. If he is charged with a felony, he can never again work in the field in which he was trained, and his whole future is obliterated.
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: National
Answer:
I'm unable to speculate on a specific penalty, as sentencing varies by state laws and the type and amount of drugs involved. For instance, under North Carolina law, if he is charged with possession of more than ten pounds of marijuana, the penalties are as follows:
- If the amount is more than ten pounds but less than fifty pounds, it is a Class H felony, with a minimum sentence of 25 months and a maximum of 30 months in prison, plus a fine of at least five thousand dollars.
- If the amount is fifty pounds or more but less than two thousand pounds, it is a Class G felony, with a minimum sentence of 35 months and a maximum of 42 months in prison, plus a fine of at least twenty-five thousand dollars.
- If the amount is two thousand pounds or more but less than ten thousand pounds, it is a Class F felony, with a minimum sentence of 70 months and a maximum of 84 months in prison, plus a fine of at least fifty thousand dollars.
- If the amount is ten thousand pounds or more, it is a Class D felony, with a minimum sentence of 175 months and a maximum of 219 months in prison, plus a fine of at least two hundred thousand dollars.
It’s important to consult with his lawyer for guidance specific to his case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.