While possession of Marijuana is legal in several states across the country, it is still illegal in North Carolina, at least for now.
In North Carolina, marijuana is classified as a Schedule VI Controlled Substance. Although considered less dangerous than other controlled substances, marijuana possession carries serious penalties.
The exact penalties for possessing marijuana in NC depends on the amount you are caught with as well as what form the marijuana is in.
Possession of ½ ounce of marijuana: Possession of ½ ounce of marijuana is considered a misdemeanor. Individuals are likely to face up to a 30 day jail sentence and a fine of up to $200.
Possession of 1.5 ounces of marijuana: Possession of more than ½ of an ounce but no more than 1.5 ounces of marijuana is also considered a misdemeanor. However, individuals found with amounts in these ranges can expect to receive a more stringent penalty. Offenders are likely to face a fine of up to $500 and a 120 day jail sentence.
Possession of over 1.5 ounces of marijuana: Possession of over 1.5 ounces of marijuana is classified as a felony. Offenders are likely to face a $500 fine and up to 1 year in jail.
Beginning in 2018, NC adopted new laws to address different forms of marijuana such as edibles and wax or “dabs.”
The new law states:
A person who possesses marijuana shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity exceeds one-half of an ounce (avoirdupois) of marijuana, 7 grams of a synthetic cannabinoid or any mixture containing such substance, or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one-half ounces (avoirdupois) of marijuana, 21 grams of a synthetic cannabinoid or any mixture containing such substance, or three-twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.
So if you are caught with possession marijuana in any other form other than its original state, the chances are you will be charged with a felony.
Contact our office today at 828-631-2500 for your free consultation.