North Carolina Marijuana Laws

If you are a resident of  North Carolina, it is imperative that you familiarize yourself with the local paraphernalia laws in order to better protect yourself from penalties.

North Carolina Marijuana Attorneys

The following North Carolina lawyers are actively involved in the practice of cannabis law:

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NorthCarolina_federaldefensenc

LAW BREAKDOWN

North Carolina has partially decriminalized simple marijuana possession, and the drug is legal for limited, non-intoxicating medical uses. But any other possession, sale, delivery, or cultivation of the drug is a crime.

Possession

Possession of half an ounce of marijuana or less is a misdemeanor in North Carolina but does not carry potential jail time. At most a $200 fine may be imposed.

Possession of between half an ounce and 1.5 ounces is likewise a misdemeanor and is punishable by a minimum sentence of one day in jail and a maximum of 45 days, plus up to $1,000 in fines. Possession of between 1.5 ounces and 10 pounds is a felony punishable by at least three months in jail, as many as eight, and up to $1,000.

Possession of any amount greater than 10 pounds is automatically treated as possession with intent to distribute, a felony. But possession with intent can be charged for smaller amounts: The minimum penalty for possession of less than 10 pounds with intent is three months in jail while the maximum is eight months and $1,000.

A penalty of at least two years in prison and as many as 2.5 years, plus up to $5,000 in fines, applies to possession of between 10 and 50 pounds with intent. If the amount is between 50 and 2,000 pounds, a prison term of between three and 3.5 years is imposed, along with up to $25,000.

Possession of between 2,000 and 10,000 pounds with intent is punishable by at least six years in prison, as many as seven, and up to $50,000 in fines. For weights of 10,000 pounds or more, the minimum penalty is 14.5 years in prison, the maximum is 18 years, and there is a potential fine of $200,000.

Sale or Delivery

Any sale or delivery of cannabis is a felony in North Carolina. For amounts less than 10 pounds, the punishment is at least four months in jail and as many as eight, plus $1,000 in fines.

Sale or delivery of 10 to 50 pounds is punishable by at least two years in prison, as many as 2.5 years, and up to $5,000. For weight of between 50 and 2,000 pounds, the minimum penalty is three years in prison, the maximum is 3.5 years, and fines can total $25,000.

In cases involving between 2,000 and 10,000 pounds, a mandatory minimum sentence of six years in prison applies, along with a maximum of seven years and a fine of up to $50,000. For weight above 10,000 pounds, the sentence includes at least 14.5 years in prison, as many as 18 years, and a top fine of $200,000.

Selling or delivering marijuana to a minor or a pregnant woman is punishable by between three and eight years in prison. Sale or delivery within 1,000 feet of a school, child care center, or public park carries a minimum penalty of one year in jail and a maximum of three years in prison.

Cultivation

It is a felony to grow any amount of cannabis in North Carolina for any reason. Penalties for growing less than 10 pounds range between three and eight months in jail, along with up to $1,000 in fines.

If the amount is between 10 and 50 pounds, the minimum penalty increases to two years in prison, the maximum to 2.5 years, and the potential fine to $5,000. Cultivation of between 50 and 2,000 pounds is punishable by between three and 3.5 years in prison and up to $25,000.

Growing between 2,000 and 10,000 pounds carries a mandatory minimum penalty of six years in prison, a maximum of seven years, and a top fine of $50,000. For weights of 10,000 pounds or more, the minimum is 14.5 years in prison, the maximum is 18 years, and the fine can reach $200,000.

Hash and Concentrates

Special rules apply to offenses involving hashish or other marijuana concentrates. Possession of less than 0.05 ounces is a misdemeanor and comes with a punishment of at least one day in jail and as many as 10 days, plus a $200 fine.

Possession of between 0.05 and 0.15 ounces of concentrate is also a misdemeanor and is punishable by at least one day in jail, as many as 45 days, and $200. Possession of more than 0.15 ounces is a felony with a minimum term of four months in jail, a maximum of six months, and a potential fine of $200.

Paraphernalia

Marijuana paraphernalia is illegal in North Carolina unless intended, marketed, and used solely for legal purposes. Paraphernalia includes any items used, or intended for use, in the manufacture, cultivation, harvesting, processing, testing, analysis or consumption of marijuana.

Possession and use. Possession and use of paraphernalia was reduced from a class 1 to a class 3 misdemeanor in 2015, and violators can only be punished with a fine.

Distribution and sale. On a first offense, distribution of paraphernalia is a class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine.

Sale to a minor. Distribution of paraphernalia by an adult to a person who is under the age of 18 and at least three years younger than the seller is a felony punishable by between 3 and 8 months in jail, plus a discretionary fine.

Miscellaneous

Any marijuana crime involving a minor is a felony and is punishable by at least eight months in jail and as many as seven years in prison. Possession of cannabis while incarcerated is a felony with a penalty of between four and eight months additional imprisonment.

MEDICAL MARIJUANA

North Carolina’s CBD-only legislation calls for a trial study to be conducted by four universities in the state: UNC, Duke, Wake Forest and East Carolina.

The primary focus is to make CBD oil available to youngsters suffering from seizures.

Qualifying conditions – Intractable epilepsy

Patient possession limits – Cannabis extract containing less than nine-tenths of a percent THC and at least five percent CBD

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – Department of Health