North Carolina is one of the few states that does not legalize marijuana for either medical or recreational use. That is despite the fact that most states have legalized cannabis for medicinal purposes.
North Carolina’s current law makes possession of less than 0.5 ounces of marijuana a misdemeanor that is punishable by up to 45 days in jail and a $200 fine. The penalties increase for possession of more than 0.05 ounces, which is a felony.
Medical Marijuana
Medical marijuana has been legalized to some extent in many states. Some states also permit recreational use of marijuana for those age 18 or older.
Although federal law still makes marijuana illegal, North Carolina permits the use of low-THC cannabis products as a treatment for patients diagnosed with intractable epilepsy. These patients can obtain a recommendation from their neurologist to use cannabis.
The legislation is backed by an overwhelming majority of North Carolinians and has bipartisan support in the Senate. However, the bill has yet to be passed by the House.
The General Assembly has a chance to do something about medical marijuana in 2022 during a short session set to start May 18. But whether or not it will happen remains a mystery.
Recreational Marijuana
There are several states that have legalized recreational marijuana, which allows adults to legally purchase cannabis for personal use. Some laws also impose limits on how much marijuana you can possess at one time and require licenses for retailers and cultivators.
North Carolina does not currently have a recreational marijuana law, but several bills that would make possession and cultivation of marijuana legal are on the table. Those bills would decriminalize possession of up to 0.5 ounces and give money from cannabis sales to non-profit organizations serving the homeless, incarcerated, and other communities that have been torn apart by the war on drugs.
Voters can help make sure that this legislation gets passed by contacting their state legislators and telling them that marijuana should be legalized. They can also work to get pro-cannabis representatives in the General Assembly when elections for state House and Senate seats are held in November. Having pro-cannabis representatives in the legislature will help reform marijuana laws and make them more inclusive of all people.
Marijuana Paraphernalia
The North Carolina General Assembly passed a bill last year that made marijuana paraphernalia legal. This is an exciting step for those who want to use cannabis recreationally.
The law defines drug paraphernalia as anything used to grow, harvest, analyze, package or store marijuana or a controlled substance such as cocaine, meth, heroin, etc. It also includes things like pipes, bongs and rolling papers.
If police find these items next to a stash of marijuana, they can add a possession of drug paraphernalia charge to your criminal record.
It’s important to understand that while North Carolina has reduced the penalties for marijuana paraphernalia to a Class 3 misdemeanor, it doesn’t mean that you can get away with a minor violation. If you have been arrested for this crime, you should not plead guilty and seek the help of an experienced Raleigh drug paraphernalia attorney to defend your case. Depending on the facts of your situation, we may be able to get your charges dropped or have them reduced.
Penalties for Possession
In North Carolina, marijuana is considered a Schedule VI controlled substance and it is illegal to possess any amount of this drug. Depending on the quantity of marijuana that you have in your possession, you could be facing a variety of penalties including fines, probation, and jail time.
For possession of a small amount of marijuana, such as 0.5 ounces or less, you could face misdemeanor charges and a $200 fine. However, if you are caught with more than half an ounce and up to 1 and a half ounces of marijuana, you could be facing a Class I felony charge.
Felonies are also punishable in the state of North Carolina for growing any amount of marijuana or delivering it to another person. Penalties for these offenses range from 3 months in jail to 8 months in prison, along with fines.