Asheville Marijuana Defense Lawyer
North Carolina has not followed the national trend toward the legalization of marijuana. While many states have decriminalized cannabis or allowed recreational or medicinal use, possession, sale, cultivation, and trafficking of marijuana remain illegal under North Carolina law. Even seemingly minor marijuana charges can have serious consequences, including jail time, steep fines, driver’s license suspension, and a permanent criminal record that can affect your future opportunities.
At The Pritchard Firm, we understand what is at stake if you are facing a marijuana-related charge. Asheville marijuana defense lawyer John Pritchard brings more than two decades of experience to his criminal defense practice. As a former Assistant U.S. Attorney and state prosecutor, he has handled drug cases in both state and federal courts. Today, he puts that insight to work defending people accused of marijuana offenses in Asheville, Buncombe County, and across Western North Carolina. John is also board-certified by the North Carolina State Bar as a specialist in both state and federal criminal law, a distinction earned by only a small number of attorneys statewide.
If you are facing a marijuana or cannabis charge in North Carolina, you need an attorney who knows the law, understands the system, and has the skill and determination to protect your rights.
North Carolina Marijuana Laws: An Overview
Unlike some states, North Carolina has only partially decriminalized marijuana. Possession of very small amounts may be treated as a misdemeanor, but it is still illegal. Larger quantities and any involvement in sale, cultivation, or trafficking can quickly escalate to felony charges.
Key points about North Carolina marijuana laws include:
- Possession of less than 0.5 ounces is a Class 3 misdemeanor punishable by a fine of up to $200. Jail time is unlikely for a first offense.
- Possession of between 0.5 and 1.5 ounces is a Class 1 misdemeanor, carrying up to 120 days in jail and discretionary fines.
- Possession of more than 1.5 ounces but less than 10 pounds is a Class I felony, punishable by 3 to 12 months in prison.
- Possession with intent to sell or deliver (PWISD) marijuana is generally charged as a Class I felony, regardless of amount, if there is evidence of distribution such as baggies, scales, or large sums of cash.
- Sale or delivery of marijuana is a Class H felony, punishable by 4 to 25 months in prison, depending on prior record level.
- Sale to a minor, sale within 1,000 feet of a school or park, or involving a minor in the distribution can elevate penalties significantly, sometimes doubling prison exposure.
- Cultivation (growing marijuana plants) is punished based on the number of plants and can lead to felony charges even for small-scale grows.
- Trafficking marijuana is among the most serious drug offenses in North Carolina, carrying mandatory minimum prison sentences based on weight.
Penalties for Marijuana Trafficking in North Carolina
Under N.C. Gen. Stat. § 90-95(h)(1), marijuana trafficking charges depend on the weight involved:
- 10–49 pounds: Class H felony, minimum 25 months and up to 39 months in prison, plus a $5,000 fine.
- 50–1,999 pounds: Class G felony, minimum 35 months and up to 51 months in prison, plus a $25,000 fine.
- 2,000–9,999 pounds: Class F felony, minimum 70 months and up to 93 months in prison, plus a $50,000 fine.
- 10,000+ pounds: Class D felony, minimum 175 months and up to 219 months in prison, plus a $200,000 fine.
Unlike lower-level marijuana offenses, trafficking convictions carry mandatory prison time. Judges cannot suspend these sentences or substitute probation. This is why it is crucial to work with an experienced defense lawyer immediately if you are facing trafficking allegations.
Collateral Consequences of a Marijuana Conviction
Even if your charge does not lead to significant jail time, a marijuana conviction can have life-altering consequences. These include:
- Driver’s license suspension: Convictions for possession or sale often result in an automatic suspension of your license for at least six months.
- Employment consequences: Many employers conduct background checks, and a drug conviction can disqualify you from jobs, particularly in healthcare, education, government, or transportation.
- Housing restrictions: Landlords may deny applications from individuals with drug convictions.
- Loss of federal benefits: Student loans and other forms of federal aid can be suspended following a drug conviction.
- Immigration issues: Noncitizens face potential deportation or denial of reentry for drug convictions, including marijuana offenses.
Defending Against Marijuana Charges in Asheville
A strong defense strategy depends on the facts of your case, the type of charge, and the evidence the State intends to use. At The Pritchard Firm, we look closely at every angle to protect your rights, including:
- Challenging the search and seizure: Was the traffic stop lawful? Did law enforcement have probable cause? Were your constitutional rights violated?
- Examining the evidence: Is the weight of marijuana correctly calculated? Was there actual possession, or is the case based on circumstantial evidence?
- Disputing intent to distribute: Prosecutors often overcharge simple possession as PWISD based on cash or paraphernalia. We fight to get charges reduced.
- Exploring diversion or alternative sentencing: In some cases, conditional discharge or drug treatment programs may help clients avoid a conviction and preserve their future.
Because John Pritchard has worked as both a federal and state prosecutor, he understands how the government builds drug cases. That insight allows him to anticipate prosecutorial strategies and develop a tailored defense that works to your advantage.
Why Choose The Pritchard Firm for Marijuana Defense?
- Board-Certified Specialist: John Pritchard is certified by the North Carolina State Bar in both state and federal criminal law, giving clients the assurance that they are represented by a recognized expert.
- Proven Trial Experience: As a former AUSA and state prosecutor, John has tried serious drug cases in both state and federal court. He is not afraid to take a case to trial when that is the best path forward.
- Personalized Representation: At The Pritchard Firm, we provide individualized attention and a hands-on approach to every case. You are never just another file on the shelf.
- Local Knowledge: Based in Asheville, John understands the tendencies of Buncombe County judges, prosecutors, and law enforcement officers, allowing him to tailor defense strategies to the realities of the local courts.
Speak with an Asheville Marijuana Defense Lawyer Today
If you or someone you love has been charged with a marijuana offense in Asheville, Buncombe County or surrounding counties in Western North Carolina, do not wait to get experienced legal representation. Even a misdemeanor conviction can have consequences that last a lifetime, while felony or trafficking charges can take away your freedom entirely.
Call The Pritchard Firm today to schedule a consultation with Asheville marijuana defense attorney John Pritchard. Put a board-certified criminal law specialist and former prosecutor on your side to fight for your rights, your freedom, and your future.