We have recently seen an increase in Felony Possession of Marijuana cases involving wax or “dabs.” While it is normally only a misdemeanor if you are caught with Marijuana, it is can result in a felony if you are found to be in possession of any altered state of Marijuana, which includes wax.
A marijuana concentrate is a highly potent THC- (Tetrahydrocannabinol) concentrated mass that looks like honey or butter. However, many do not realize that possession of the THC wax or oil (sometimes called “shatter,” “honey wax” or “honey oil”) used in vaporizing can be charged as a felony under many state laws including North Carolina.That’s because the material is considered a concentrate under the law, and charged as a higher offense than loose marijuana that has not been chemically or structurally altered. While misdemeanors are very serious, a felony conviction can be devastating.
Marijuana and THC are both classified as Schedule VI controlled substances under North Carolina General Statute § 90-94. While possession of a controlled substance in Schedule VI is typically a Class 3 misdemeanor, North Carolina General Statute § 90-95(d)(4) establishes that when the quantity of a controlled substance exceeds one-twentieth of an ounce of the extracted resin of marijuana, commonly known as hashish, it is a Class 1 misdemeanor. When the quantity exceeds three-twentieths of an ounce of the extracted resin of marijuana, or if the controlled substance consists of any quantity of THC isolated from the resin of marijuana, the crime is a Class I felony.
Marijuana laws are in a constant state of flux in the United States. Some states allow recreational use, while other only allow medicinal use. Still others ban the herb completely. Confused about your rights? You don’t need to be. You can learn about North Carolina’s marijuana laws by contacting our office for a free consultation with Attorney Frank Lay. Call us today at 828-631-2500.
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