NC Drug possession with the intent to sell and deliver

Possession of marijuana with intent to sell or deliver is usually proved through many circumstantial facts; most of these circumstances involve drug paraphernalia. Small plastic bags, scales, bong, pipes and so forth show intent to sell.

North Carolina General Statute NCGS 90-95(a)(1) governs this North Carolina state crime. A person commits the crime of possessing marijuana with intent to manufacture, sell, or deliver if they knowingly possess marijuana and either manufacture it, sell it, deliver it, or have the intent to sell or deliver it. There is actually no cutoff quantity for this crime although it is extremely rare for someone possessing less than half an ounce of marijuana to be charged with this crime. However, a large quantity in itself may be sufficient evidence to infer "intent" to sell or deliver. This was evidenced in State v. Morgan, when the defendant did not make any statements evidencing intent to sell or deliver. In addition, no drug paraphernalia relating to packaging or measuring controlled substances were found. The defendant was still found guilty of possessing a controlled substance with intent to sell or deliver. The reasoning behind inferring intent is that no reasonable individual would reasonably be able to consume certain quantities of controlled substances by themselves. It would be ludicrous to believe that a man can possess 100 lbs of marijuana for self-consumption.

Possession of marijuana with intent to manufacture, sell or deliver is usually proved through many circumstantial facts. Most of these circumstances involve drug paraphernalia. For example, if the North Carolina police find a five (5) pound bag of marijuana and about 100 small plastic bags, it can most likely be inferred that the defendant was going to put the marijuana in the small plastic bags and sell them to others. In addition, scales are a good way to inference intent to sell.

As far as manufacturing marijuana goes, heat lamps, pots, potting soil, and other paraphernalia are all good evidence that one is manufacturing marijuana. The precursors of drugs and controlled substances are often used as evidence to prove that the person was manufacturing the marijuana.

There are many North Carolina crimes that are directly related to drug possession of marijuana with the intent to manufacture, deliver, or sell (PWISD). These are the attempt and conspiracy crimes. Many individuals who deliver, manufacture, or sell marijuana are part of large continuing criminal enterprises and organizations. As a result, even when an individual does not actually get arrested with the marijuana, he or she may be charged with attempted possession with intent to sell or deliver. A typical example of this would be police finding $40,000 of cash stuffed into a pillowcase and stuck in the trunk of a car. The car is wearing a non North Carolina state license plate and traveling along an interstate highway near any Raleigh, Chapel Hill, Durham, or any city in North Carolina. If you are in this situation we do recommend that you consult your legal matters with a criminal defense attorney or lawyer.