North Carolina marijuana possession with intent to sell to minor

Sale or delivery of marijuana to a person under 16 by a person over 18 years of age

North Carolina General Statute NCGS 90-95(e)(5) makes it unlawful for an adult 18 or over to knowingly have the intent to sell or give a child under 16 but over 13 years of age marijuana. To be guilty of this charge of drug offense, one only needs to knowingly sell the marijuana to the child who is younger than 16 but older than 13. Mistake of age is not a defense to this drug crime at all. This part of the crime, like the crime of selling marijuana to a pregnant woman, is strict liability. Even if the 15-year-old child seems like she is 28 years old, one can be found guilty of this offense. Sale or delivery of marijuana (weed, pot) to a person under 16 but over 13 is punishable as a Class D felony. A Class D felony carries a maximum sentence of 229 months of active time in state prison. These drug laws apply to all cities in North Carolina (Raleigh, chapel hill, wake county, Alamance county, orange county, Durham, Roxboro, Burlington) and you should have a lawyer or attorney for your criminal defense.