Charlotte Criminal Lawyer Blog
Is Marijuana Legal in North Carolina?
Cannabis is the most commonly used illegal drug in the United States, according to the Centers for Disease Control and Prevention (CDC). Marijuana is a controlled substance and is prohibited by federal law. Some states allow the use of small amounts of cannabis for recreational purposes. However, North Carolina is not one of them. In North Carolina, marijuana is illegal, including the use of cannabis for medical treatment. You could face serious criminal charges if you are found to be in possession of marijuana. An experienced criminal defense attorney will help protect your rights and fight the charges.
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Marijuana Laws in North Carolina
Marijuana is still illegal in North Carolina. This includes the cultivation, possession, sale, and use of cannabis. However, the laws continue to change, and therefore, there may be changes to the law, particularly regarding the recreational use or possession of small amounts of marijuana or for medical use.
Marijuana Possession – The possession of marijuana is illegal, and the amount of the substance determines the potential sentence. Possessing half an ounce or less is a Class 3 misdemeanor with a possible sentence of fines of up to $200 and no jail time. The possession of half an ounce to an ounce and a half is a Class 1 misdemeanor with a sentence of up to $1,000 fines and a maximum of 45 days in jail for a first offense. Possession of more than one and a half ounces and up to ten pounds is a Class I felony with a sentence of up to 8 months in jail, along with fines.
Marijuana Sales – The delivery of less than 10 pounds of marijuana is a Class I felony with a sentence of up to 8 months in prison. The sale of under 10 pounds is a Class H felony that includes a sentence of between 4 and 8 months in prison. Delivery of under 10 pounds without compensation is a Class I felony with a possible sentence of three to eight months in jail. The sales or delivery of more than 10 pounds is a felony, and the sentence increases with the amount of marijuana sold or delivered.
Cultivation of Marijuana – The cultivation, or growing, of less than 10 pounds of marijuana is a Class I felony with a sentence of between three and eight months in jail, along with fines. The cultivation of more than 10 pounds is a more serious felony, based on the amount of marijuana that is grown.
Marijuana Paraphernalia
Drug paraphernalia is anything that is used to manufacture, store, sell, or use drugs. When it comes to marijuana paraphernalia, there are many items that may qualify. Some common items include pipes, bongs, rolling papers, dabbing tools, jars, and baggies. Items used for growing or producing marijuana could include planters, growing containers, lights, and watering systems. Often, a defendant is charged with drug paraphernalia possession along with marijuana possession charges.
Marijuana charges can be complex, and there are nuances in the law that could make some charges more serious than others. It is helpful to seek guidance from a knowledgeable criminal defense attorney if you are facing drug charges of any type. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://dictionary.cambridge.org/us/dictionary/english/cultivation
Image Credit:
https://www.freeimages.com/photo/illegal-drug-paraphernalia-2259052
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