In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

It is currently illegal to use marijuana in North Carolina, but many polls show most voters support legalizing cannabis the Charlotte Observer recently reported.  A CBS News poll in April found that nearly two-thirds of Americans want marijuana or cannabis use to be legal at both the federal and state levels.  Polls conducted by SurveyUSA and Spectrum News found that 72% of North Carolina voters support the legalization of medical marijuana or cannabis. More than half of voters in North Carolina support legalizing marijuana for recreational use, according to the SurveyUSA poll. The North Carolina Senate passed a medical marijuana bill early in 2022, but it has since stalled in the NC House of Representatives The News & Observer reported recently. The bill would have allowed only those with certain ailments to use marijuana.

Even though North Carolina lawmakers have failed to reach an agreement on medical marijuana legalization, North Carolina is one of 30 states with marijuana decriminalization laws, which means some offenses do not carry the threat of jail time, according to the National Organization for the Reform of Marijuana Laws (NORML), a group that advocates for the legalization of marijuana for medical and recreational use.

In North Carolina a new law was passed several years ago that made possession of marijuana paraphernalia a class three misdemeanor, which is less severe than a class one misdemeanor for drug paraphernalia.

The national trend for legalization continues, and only time will tell when North Carolina will join the majority of other states in the US.

By Attorney David B. Collins, Jr.

Driving While Impaired (DWI) is not limited to just alcohol. Research suggests that in instances of driving while impaired due to the use of drugs, specifically marijuana appears to have an increased rate of involvement in motor vehicle accidents. Marijuana has been identified most frequently in the blood of drivers involved in accidents, including those that resulted in fatalities. However, it can be difficult to pinpoint whether marijuana impairment plays a direct role in car accidents because the drug can be detected in bodily fluids for days and sometimes as long as a few weeks, while the symptoms of intoxication typically only last a couple of hours.

Studies by the National Highway Traffic Safety Administration suggest that during the early months of 2020 and the rise of the COVID-19 pandemic, driving patterns and behaviors in the United States changed significantly. Among the drivers who remained on the roads, many engaged in riskier behavior, including failure to wear seatbelts, speeding, and driving while impaired by alcohol or other drugs. Another study on seriously or fatally injured car accident victims mentioned that five participating trauma centers reported almost two-thirds of drivers involved in an accident tested positive for at least one active drug, including alcohol, marijuana, and opioids between mid-March and mid-July of 2020.

Until recently, testing for drug impairment has been somewhat problematic due to limitations regarding drug-detecting technology and the lack of a consumption limit for the purposes of determining impairment. Now, a company by the name of “Gaize” has been in the process of developing a new technological device that can detect drug impairment among drivers in the United States. This new technology is the first roadside test for identifying marijuana impairment in drivers. The device consists of goggles, similar to those used in virtual reality, which detects involuntary micro-movements that transmit information about someone’s impairment or sobriety. Gaize conducts the same testing that is performed during a Standardized Field Sobriety Test and captures irrefutable video evidence of eye movement.

With marijuana use increasing dramatically in the United States, this new technology can decipher between heavy users, who may have a large amount of THC in their system but are sober, and infrequent users, who may have a very small amount of THC in their system but are extremely impaired.

If you choose to use impairing substances, be sure to do so responsibly by planning ahead for a sober driver, prevent your friends from getting behind the wheel if they are impaired.

Cheyenne M. Hensley, Legal Assistant

The medical marijuana movement – a new provision! As found in Congress’ new 1,603-page spending plan, federal agents are now banned from policing medical marijuana users and raiding dispensaries in any state where medical marijuana is legal. Though the media has been hesitant to broadcast this news, you can be assured that this will change the way America sees and treats medical marijuana – and ultimately signals a big shift in drug policy. After two decades of tension and controversy between Washington and the states regarding medical marijuana, the passage of this bill marks a victory for so many. The origin of the movement towards federal legalization of medical marijuana can be linked to the many organizations advocating for federally legalized marijuana such as the Americans for Safe Access, the National Organization for the Reform of Marijuana Laws, and the Marijuana Policy Project. The Drug Enforcement Administration (DEA) however is not so thrilled, still arguing that marijuana is in the category of most dangerous narcotics, with no exception to medical use.  The legalization of medical marijuana began in the 1990’s and now 23 states and the District of Columbia have legalized it.

2016 is predicted to be an interesting and transformational year regarding marijuana laws, especially with the November presidential election approaching. Candidate Bernie Sanders advocates to end federal marijuana prohibition, while Hillary Clinton wants to “loosen restrictions” on marijuana, and Rand Paul says that regulations should be left up to states.

As we know, marijuana for both medical and recreational use remains illegal in the state of North Carolina. If you or someone you know has received a marijuana (pot) or paraphernalia charge, give us a call at 910-793-9000 to schedule a consultation with experienced Attorney David Collins.

By Amber Younce, Legal Assistant

The U.S. prison population is six to ten times as high as in most Western European nations and many say that this is because of the Unites States War on Drugs. More than 749,000 people were arrested in the United States for marijuana-related offenses alone in the year 2012.

However, while the use, sale, and possession of marijuana in the United States is still illegal, the federal government has declared that a state may pass a law to decriminalize cannabis for recreational use, as long as they have a regulation system in place. Many states have decriminalized the substance to certain degrees, other states have created exemptions specifically for medical marijuana, and some have done both. Colorado and Washington are two states that have legalized the recreational use of cannabis following the approval of state referendum in the 2012 elections.

In April 2013, North Carolina State Representative Kelly Alexander, who earlier in 2013 pushed unsuccessfully for medical marijuana, introduced a new bill: House Bill 637. Alexander has said that it would bring North Carolina in line with a number of other states; but marijuana decriminalization bills have not fared too well in North Carolina in the past.  House Bill 637 is a part of North Carolina’s Marijuana Policy Project and has passed its first reading and is now set to be heard by the state Judiciary Committee which will carry over from 2013 to 2014 when the legislature reconvenes.

Currently in North Carolina, the law is that it is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use). Penalties vary according to the amount possessed. (N.C. Gen. Stat. Ann. § 90-95.) The penalties include:

•                         Up to one half of an ounce – a fine of up to $200, up to 30 days in jail, or both.

•                         Between one half ounce and one and a half ounces – a fine of up to $500, between one and 120 days in jail, or both. The judge may order probation or community service in addition to, or  in lieu of some or all of the jail time.

•                         One-and-a-half ounces or more – a fine of $500 or more, up to one year in jail, or both.

It will also be a criminal conviction on a person’s record.

Under House Bill 637, being charged with possession of less than an ounce of marijuana would only be considered a civil infraction with a fine – no longer would a sentencing history nor a criminal record interfere with one’s forthcoming in life. This bill would also allow past offenders to be able to have their records expunged.

Many North Carolina residents are in favor of the proposed bill and hope that it will get passed. A Public Policy Poll taken in March, 2013 indicated that 56 percent of those surveyed in North Carolina think the penalty for possessing small amounts of marijuana should be decriminalized.

For the sake of patients, North Carolina lawmakers should at least consider to study medical marijuana as suggested by another bill introduced by Republican Alexander on April 11, 2014 – bill H941 – A BILL TO BE ENTITLED AN ACT REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO THE MEDICAL USE OF CANNABIS.

At Collins Law Firm we handle marijuana related and other drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients charged with all types of drug and alcohol offenses. The experienced and compassionate team at Collins Law Firm is here for you – just a phone call away at 910-793-9000.

By Rachel R. Reynolds, Paralegal at Collins Law Firm

The New York Times recently published a story entitled “Driving Under the Influence, of Marijuana.” The story suggested that driving under the influence of marijuana (pot) is much less risky than driving while impaired by alcohol.  The report also indicated that it is difficult to detect impairment by pot with the standardized field sobriety tests used in DWI by alcohol cases, and it is difficult to confirm impairment with laboratory tests.  The article discusses several studies making these findings and noted the conclusion of some experts that public resources would be better spent combating alcohol-impaired driving, including perhaps lowering the per se threshold for alcohol concentrations to 0.05,  than in establishing a per se limit for blood-THC content or devising roadside tests to detect for marijuana impairment.

Marijuana impairment is harder to detect because THC – the ingredient that gives marijuana its psychoactive effect –  can take as long as four hours for the THC metabolites to appear in the body after smoking pot, and chemical test can still yield a positive result for pot metabolites for weeks after a person last smoked pot.  A publication by the National Highway Transportation Administration (NHTSA) regarding marijuana states that it positive tests can occur long after the window of intoxication and impairment has passed because concentrations of THC in a person’s blood depend in part upon the pattern of marijuana use, it is difficult to establish a relationship between a specified blood concentration and performance impairing effects.  The article in the Times stated that people who smoked marijuana on a frequent basis may have a blood-THC content that exceeds the limits set in Washington and Colorado for THC concentration more than 24 hours after they last smoked pot.

Marilyn A. Huestis, a senior investigator at the National Institute on Drug Abuse said that “our goal is to put out the science and have it used for evidence-based drug policy . . . but I think it’s a mishmash.”  The article cited a 2007 study which found that 12 percent of the drivers randomly stopped on American highways on Friday and Saturday nights had been drinking. (In return for taking part in the study, intoxicated drivers were told they would not be arrested, just taken home.)  It also reported that six percent of the drivers tested positive for marijuana — a number that is likely to go up with increased availability, and added that some experts and officials are concerned that the campaign against drunken driving has not gotten through to marijuana smokers.

The Times article stated that Glenn Davis, highway safety manager at the Department of Transportation in Colorado said that they have done surveys which indicated that a lot of people think D.W.I. laws don’t apply to marijuana.  He added that “there is always somebody who says, ‘I drive better while high.’”  Other evidence suggests that is not the case, but  also suggests that we may not have as much to fear from stoned driving as from drunken driving. Some researchers say that stoned driving, is simply less dangerous than drunk driving because marijuana and alcohol have different physiology. Drivers impaired by alcohol tend to overestimate their skills and drive faster.  Drivers impaired by marijuana do the opposite.  A professor interviewed by the author of the Times article noted the old joke about “‘Creech and Chong being arrested for doing 20 on the freeway.’” The article also said that studies estimate that drivers who are stoned are twice as likely to crash compared with a driver who has a blood-alcohol concentration of 0.08 percent is almost 20 times more likely to be in a fatal accident than a sober driver.

Driving while appreciably impaired by any impairing substance is illegal in North Carolina.  But for the reasons mentioned in the Times article, driving while impaired by pot could be a difficult case for the a prosecutor to prove beyond a reasonable doubt.  The times article discussed the debate about how best to prove that drivers under the influence of THC are too intoxicated to drive. Blood-alcohol content (BAC) can be tested on the side of the road with a hand held alcosensor, and a multitude of studies link increased levels of blood alcohol to decreased driving skills. But not so for pot.  THC levels can only be measured by blood or urine samples.  Urine tests look for metabolites of THC rather than the pot itself, and can return positive results many days or weeks after someone smoked pot.  Some states have laws that prohibit any detectable level of THC metabolite in urine or blood, and criminalize both.  The article said that only six states have set legal limits for THC concentration in the blood, and that in Colorado and Washington state the limit is five nanograms per milliliter of blood, or five parts per billion.

On August 12, 2013, United States Attorney General Eric Holder announced to the American Bar Association’s House of Delegates in San Francisco, an initiative to curb mandatory minimum drug sentences that the nation is “coldly efficient in jailing criminals,” but it “cannot prosecute or incarcerate” into becoming a safer country.  “Too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” Holder said .  The arguments about legalization of drugs in the US include health and social problems, potential tax revenue, and public safety concerns.  However, this speech by our Attorney General focused on alleviating an overburdened prison system housing non-violent people convicted and sentenced to very long prison terms for peaceful drug crimes.  Regarding the debate over legalization, the nation has moved from the question of “if” to the more tangible question of “how,” said Beau Kilmer, co-director of the RAND Drug Policy Research Center and co-author of “Marijuana Legalization: What Everyone Needs to Know.”

A Pew Research Center poll in 1969 indicated that 12% of Americans supported the legalization of marijuana, and the same study estimated that at that time, four in 100 Americans had recently smoked marijuana. In 2013, a Gallup poll found that the number of Americans supporting legalization had risen to almost 50%.  In recent years, 20 states plus the District of Columbia have legalized medical marijuana.  Colorado and Washington State have legalized marijuana for recreational use.  Oregon is likely to do so in the near future. According to the National Organization for the Reform of Marijuana Laws (NORMAL), sixteen States have decriminalized possession of small quantities of marijuana beginning in the early 1970’s.

Recently the National Institute on Drug Abuse (NIDA) has begun to comment on increasing sentiment of Americans for the legalization or at the least liberalization of marijuana laws.  In response to a campaign by the Marijuana Policy Project, which stated that marijuana is “less toxic” than alcohol, NIDA said that:  “Claiming that marijuana is less toxic than alcohol cannot be substantiated since each possess their own unique set of risks and consequences for a given individual.” PolitiFact, which fact-checks claims made by politicians and special interest groups agreed that the claim that marijuana is less toxic than alcohol was “mostly true.”  They quoted studies from the Centers for Disease Control’s (CDC) National Center for Health Statistics which revealed that more than 41,000 deaths were tied to alcohol in 2010, while zero were reportedly linked to marijuana. In addition, the CDC lists “1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking.”  None were reported due to excessive marijuana use.

Mark Kleiman is a UCLA public policy professor who has been asked by government officials to help fashion the legal framework for Washington’s recreational marijuana business.  He said about Arkansas’ recent medical marijuana vote which failed by a close 51% to 49% vote:  “When 49% of voters in Arkansas are voting for legal pot, we aren’t in Kansas anymore.”

However, President Barack Obama’s drug czar, Gil Kerlikowske, was quoted in 2010 as saying that the push towards legalizing marijuana was a “nonstarter.”  The Office of National Drug Control Policy indicates that his statement holds true today.  But at the same time, the Office of National Drug Control Policy emphasizes that the administration’s 2013 drug policy takes a new tack with the realization that America can’t arrest its way out of its longtime drug epidemic.  The Administration’s new policy, announced in April, favors “prevention over incarceration, science over dogma and diversion for nonviolent offenders.” And they continue to say that arguments for marijuana legalization “run counter to public health and safety concerns.”

Meanwhile the federal government’s stand is moving slowly, the states are expected to continue leading the movement towards legalization. Alaska will likely put a complete legalization ballot before voters next year, and Maine, Rhode Island, California and Oregon may give voters the option in 2016.  “I think a lot’s going to depend on how legalization plays out in Colorado and Washington — also, how the federal government responds,” Kilmer said. “We still haven’t heard how they’re going to address commercial production facilities in those states.”  The next White House administration could take a harsher stance against the state’s movement towards legalization.  One thing is clear – the nation is a lot closer to the repeal of prohibition of marijuana than it has been in many decades.

This wave of changes in our country does not diminish the fact that possession of marijuana is still illegal in North Carolina – a misdemeanor for less than an once and a half, and a felony for quantities greater than an once and a half.  If you are charged with the illegal possession of any drug, or other contraband in or around the Wilmington NC area, call Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation about how we can help.

This upcoming weekend is Memorial Day Weekend.  While Memorial Day is a day to remember and honor those who lost their lives while serving our country in the United States Armed Forces, many take this longer weekend as an opportunity to travel.

The cheery weather forecast may motivate travelers to visit our local beaches this weekend, causing increased traffic and crowded roads.

As part of the Governor’s Highway Safety Program “Click It or Ticket” which launched on Monday, May 20, 2013, law enforcement officers across the state will increase patrols over the holiday weekend and will cite patrons not wearing seat belts.

The Wilmington area’s law enforcement unfolded the campaign last Wednesday by setting up checkpoints on Randall Parkway, New Centre Drive, Eastwood Road near the Wrightsville Beach drawbridge, and Airlie Road and issued close to one hundred citations for traffic infractions and other crimes including seat belt violations, texting while driving, speeding, driving with no operators license, and simple possession of marijuana.

We urge you to obey the law and stay safe.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

By Jana H. Collins, Office Manager

For students, the summer is over and school is starting again. Many students will be starting college for the first time and it will be in a new environment with many challenges and temptations.

Underage drinking and use of controlled substances is common on most, if not all, college campuses.   For some law enforcement agencies, back to school means stepped-up enforcement of alcohol laws as well as general law enforcement.   This means that many students will be receiving criminal charges or citations for underage drinking or other related criminal activities including underage possession, underage consumption, and fake ID’s.   Some people do not consider these serious charges, but they are misdemeanor charges for which a conviction can mean a criminal record that can affect a person for the rest of their life with respect to getting jobs, renting apartments and otherwise.   Anyone charged with a crime should consult with an experienced criminal defense attorney.

Collins Law Firm regularly represents people who have been charged with alcohol law violations and other crimes such as possession of marijuana or other controlled substances.   In most cases for first time offenders, we are able to avoid a conviction, and court appearances are usually not necessary for defendants we represent on these type of charges.    However, in most cases, the defendant is required to perform a certain number of hours of volunteer service, or to participate in some type of educational program regarding alcohol and controlled substances, or both.

If you or someone you know has received a citation or criminal charge for an alcohol law violation or related charge, Collins Law Firm can help.  Call us at (910) 793-9000(910) 793-9000 for a free telephone consultation or make an appointment to come in for a consultation.