Criminal Charges for Baking Pot Brownies or Hash Brownie Baking
In North Carolina, the seriousness of a criminal pot possession charge, misdemeanor or felony, depends on the WEIGHT of the pot you are found to possess. Under North Carolina General Statues, possession of >1.5 oz of marijuana is a Class I felony, punishable by up to 12 months in prison.
What many don’t know, and what you may not know, is that if you are busted with pot brownies or hash brownies, under North Carolina law you will very likely to be charged with a FELONY! Marijuana charges are differentiated based on the amount of weight of the product. The statute does not differentiate between whether it is pure marijuana or weed baked into brownies. It is not uncommon for the police to charge an individual in possession of pot brownies with a Felony Possession of Marijuana as well as other charges if the brownies are being shared or distributed such as Possession with Intent to Sell, Maintaining a Dwelling or Maintaining a Vehicle for the purpose of engaging in criminal activity; again all felonies.
You may have heard of law enforcement weighing the entire pot plant, roots, dirt, and all, when someone is busted growing some wacky weed. Well, the same concept applies when someone is busted with pot brownies or hash brownies; the brownies are weighed and the ENTIRE weight of the brownies, not just the pot in the brownies, is considered when law enforcement charges you with pot possession. Clearly, a batch of pot brownies will easily weigh more than the statutory amount of >1.5 oz and would be considered felony possession of marijuana. So a small baggy of pot that would otherwise be misdemeanor possession if you were caught with it, can and will be charged as a felony by law enforcement if baked into a batch of pot brownies or hash brownies.
Therefore, taking any action that serves to increase the weight of the marijuana, such as baking pot brownies, could result in being charged and even convicted of as a felon, potentially depriving you of certain valuable rights, privileges,and liberties. Don’t let these rights be taken from you without a fight. Call the attorneys at Everett Law Firm, P.A., for a FREE CONSULTATION of your case.
