North Carolina Marijuana Possession

Conspiracy and Possession with Intent to Sell and Deliver

North Carolina marijuana conspiracy to possess marijuana with intent to sell, manufacture or deliver is another drug crime often charged when dealing with possession with the intent to sell or deliver. As with all crimes, a conspiracy is an agreement between two or more people to commit a crime. Two individuals are necessary for a conspiracy. A single person cannot be guilty of conspiracy to commit a crime since one needs another person to reach a meeting of the minds or agreement. Conspiracy of manufacturing, selling, or delivering marijuana crimes are often charged to criminal organizations such as mobsters, gang members, and other drug dealers. One is guilty of the conspiracy crime as soon as the agreement is made. It is irrelevant whether he or she backs out of the substantive crime later on.

An example would be if Bill, Ted, and Larry reached an agreement where Bill and Ted would grow 100 lbs of marijuana, dry it out, and properly process it while Larry would sell it to the street drug dealers and other low level drug dealers. Just 15 minutes after the plan is hatched and agreed upon, Ted decides that he's not comfortable with Larry's drug marketing skills and backs out of the agreement. Ted tells the other two guys that he's not going to go through and urges them to stop the marijuana manufacturing. Larry and Bill ignore Ted's advice and go forward with their criminal enterprise. Four months down the road, Larry is selling the marijuana and Bill is growing it. As it turns out the Police have been monitoring the room where all the conversation and dealing has been taking place for an entire year. They raid the house and arrest Bill, Ted, and Larry. Obviously, Bill and Larry would be guilty of possession with the intent to manufacture, sell, or delivery marijuana. In addition, the original agreement between the three guys would make all three parties guilty of conspiracy to manufacture, sell, or deliver marijuana.

It does not matter that Ted backed out of the deal. As soon as they made the agreement, Ted became guilty. However, Ted is not guilty of the underlying offense of the marijuana possession with intent to sell, deliver, or manufacture marijuana since he quit the enterprise before the business ever started. In addition, Larry and Bill can both be found guilty of a second conspiracy to possess marijuana with intent to sell, deliver, or manufacture. This is because when Ted quit the conspiracy, Larry and Bill reached a new agreement on how the enterprise was going to function. The lesson learned is that once one makes the agreement, he or she is already guilty of the crime. There is no way to backtrack or undo the deed. His or her renunciation of the underlying crime will only prevent him or her from being guilty of additional drug charges.